Snowed in or Flooded out? How to approach travel disruptions within the workplace

Snowed in or Flooded out? How to approach travel disruptions within the workplace

We are currently experiencing severe flooding and heavy snow, both causing significant disruptions to road and rail travel across the country. So, what’s the legal position if an employee is unable to get to the workplace due to travel disruptions?

General rule

Employees are responsible for arriving at work on time however, when adverse weather causes commuting difficulties, employers should be flexible.

Health and Safety at Work Act 1974

Under the Health and Safety at Work Act 1974 (HSWA), employers have a statutory duty to ensure the health and safety of their employees and therefore should not require them to travel if it is unsafe. Unsafe situations may include instances when the Met Office issues a severe weather warning advising against travel.

If travel is safe but disrupted

Employers should advise staff to allow extra time for their journey or make alternative travel arrangements if possible.

If travel disruptions genuinely result in an employee’s absence or lateness the following options may be considered (whilst ensuring you act fairly and consistently in such cases):

• Permitting them to work from home or remotely, if viable;
• If they are late, requesting them to make up the lost time later;
• Allowing them to take the absence as part of their paid annual leave or providing that their absence will be unpaid (unless they have a contractual right to pay in such circumstances); and
• Paying them their normal pay as if they had attended work;

Please note, that if an employee’s child’s school or nursery closes unexpectedly due to adverse weather, they have a statutory right to take reasonable unpaid time off for dependants.

Unjustified absence or lateness

If an employee is suspected of using travel disruption as an excuse to avoid work when travel is sufficiently safe, disciplinary action can be considered. If you are an employer, you must properly investigate the matter and should consider the employee’s individual circumstances.

Next steps

Take a look at our “Yellow Weather Warning? Here’s What It Means for Your Job” blog, which sets out some practical steps for employers and employees when considering adverse weather conditions and the workplace.

For more help and guidance related to Employment Law please call our Employment Law Team on 01206 239 761.