Time off work due to heavy snowfall - tread carefully

Author: Mike Massen

Author: Mike Massen

January 2010 has seen the worst winter weather inthe UKfor thirty years and the prolonged cold snap has caused chaos on the roads and seems to have been the most reported subject on the radio, television and in the newspapers. The weather has also meant that thousands of workers have been unable to get to their place of work, with hundreds of schools shutting and many office workers from all sectors heeding the police warnings and staying at home. Insurance giants Royal and Sun Alliance have estimated that these absences may cost the British economy some 14.5bn should these conditions persist until the end of the month, which appears to be likely if the met office are correct. What then can employers do about staff absences and what rights do the workers have regarding time off due to the adverse weather conditions? The hard facts are that as an employee, you have a duty, as a part of your contract of employment, to get to work if you are well and able to do so. The fact that it has snowed should not prevent you from making all best efforts to get to work. If you do not attend work and you are not on holiday or unwell; then unless your contract says otherwise, your employer may be entitled to dock your pay for your non attendance, or request that you deduct the days you have had off from your annual entitlement, or even take it as unpaid leave. As with all situations however, employers should wherever possible chat to the absent worker first about their particular circumstances and take these into account when deciding what to do. Employers should not, in these particular conditions immediately invoke disciplinary procedures for absenteeism. Clearly some workers will see the prevailing conditions as an excuse to have an extended Christmas break and in these circumstances it would be perfectly reasonable of the employer to expect them to take these days as holiday or unpaid leave. Employers should be aware though that simply deducting pay without notice at the end of the usual pay period could be viewed as an unfair deduction from earnings and a breach of the Employment Rights Act. As the weather at the beginning of 2010 has been so unusual and extreme though, employers would be wise to use a common sense approach to matters and be prepared to exercise some flexibility. Obviously if the boss cant get in then its likely the workers cant either. Think about remote access to computers for office workers. The technology is secure and affordable and if the worker has a computer at home they can continue to be productive even if not at their usual desk. If you are an employer you should also consider being flexible with regard to clocking in and out times, especially for those workers using public transport. The watchwords here are does the worker have direct control over when they can arrive and leave? Public transport is notoriously unreliable in times like these and it would be an unreasonable employer who made a big issue of someone being 20 minutes late this week. Balance and give and take is the key; so workers do make every effort to get to work if you are able and its safe to do so; dont think you can use the weather as a good excuse to have some free holiday and bosses, try to be a little accommodating for those workers who are experiencing genuine difficulties. And both parties; remember the internet will provide information on the genuine conditions in your local area. Finally, heed the extreme weather warnings and take a spade, warm clothing, a flask containing a hot drink and a blanket with you on your journey. Be safe. About the Author:

Mike Massen is a practising solicitor with Gartons Solicitors Leeds - 0113 2310766, mmassen@gartonsolicitors.co.uk www.gartonsolicitors.co.uk

POST COMMENT

How Could Forget An Ex How To Keep From Calling Your Ex Does Ex Gf Miss Me Fine Tune Your PC Forget Your Ex In 24 Hrs Ways To Show Ur Ex You Dont Need Him Anymore How To Forget About An Ex Who Dumped You Why Use Low Voltage Dichroic Lamps? История Знаменитой Барби Why Calling The Ex Is Bad HOW TO HIRE .NET PROGRAMMERS Minha Equipe É Um Show Get Rid Your Ex