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Is another snow day on the cards? What employers need to know when adverse weather strikes

We may have missed a white Christmas, but the UK is facing snowy conditions and it may leave employers uncertain about how to respond to adverse weather.

From disrupted travel to health and safety concerns, extreme weather can raise questions about attendance, pay and legal responsibilities.

Whether it is snow, ice, flooding or storms, you must understand your obligations as an employer and manage any disruptions efficiently.

What is your duty of care as an employer?

Under the Health and Safety at Work Act 1974, employers have a legal duty to take reasonable steps to protect the health, safety and welfare of their employees.

This includes considering whether it is safe for staff to travel to and from work or to carry out their duties during severe weather conditions.

Encouraging or requiring employees to travel in dangerous conditions could put you in breach of this duty.

It is important to conduct risk assessments, where appropriate, and be guided by official advice, such as weather warnings and transport disruption notices, when making decisions.

Can employees refuse to attend work?

Employees are protected under the Employment Rights Act 1996 from being subjected to detriment if they reasonably believe that attending work would put them at risk of serious or imminent danger.

This can apply to where travel conditions are genuinely unsafe due to the weather.

Employees may also be unable to attend work because of circumstances beyond their control, such as cancelled public transport, road closures or unexpected school or childcare closures.

When these situations occur, you should approach them with care and avoid making assumptions about whether an absence is reasonable.

If you consider a weather-related absence to be unreasonable, you can investigate the matter and take disciplinary action if necessary.

Any action taken must be fair and you must have reasonable grounds to believe that the employee could have attended work safely. If this situation occurs, it is crucial to seek legal support, so you take the right steps and remain compliant.

How can you manage attendance and working arrangements?

Where possible, you should consider flexible alternatives to maintain business continuity.

This may include allowing employees to work from home, adjusting working hours or allowing shift swaps.

If remote work is not feasible for your business, you may ask employees to take annual leave, as long as the correct notice is given. Employers must give notice of at least twice the length of the annual leave being requested.

What is the pay for adverse weather absence?

There is no automatic statutory right to pay an employee who cannot attend work due to adverse weather.

Entitlement to pay will depend on the individual’s contract, working arrangements and the circumstances of the absence.

If your workplace remains open and the employee chooses not to attend without a reasonable safety concern, it may be lawful to withhold pay.

If you decide to close the workplace, employees with guaranteed hours or a salary will usually be entitled to their normal pay, unless there is a clear contractual provision, such as a lay-off clause.

It is crucial to stay consistent in your policies and apply pay decisions fairly to avoid grievances or claims of unlawful deductions from wages.

How can you prepare for adverse weather in the workplace?

Adverse weather is easier to manage when a plan is already in place.

Our expert team can help you draft and review an adverse weather policy that is compliant and help legally protect your business.

We can advise you on creating a policy that covers reporting procedures, pay arrangements, remote working options and childcare considerations.

A proactive plan can help protect both your team and your business when the weather turns against you.

To learn more about how to set up or review your adverse weather policies, speak to our team today.

Amanda Hyam

Head of Dispute Resolution and Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.