As we are in the middle of winter, we shouldn’t be surprised when we have snow. But, when the snow falls thick and fast, SAS Daniels receives an increasing number of enquiries with regards to whether or not employers are obliged to pay their employees who are unable to make it into work.
SAS Daniels offer seasonal advice …
One of the basic principles of an employment relationship is that an employer is under a duty to provide an employee with work and an employee is under a duty to perform that work, but what do you do when the weather gets in the way?
Where the weather prevents an employee attending work …
If an employee cannot make it to work because of the weather, they are not entitled to be paid, provided there is nothing to the contrary in the employment contract/handbook. In addition, if the employer’s custom and practice in previous years has been to pay, this could also be relevant. Failing to attend work due to the weather would mean that a wage/salary has not been earned for that day and therefore there is no wage due for that day. Consequently, the non payment of such would not be an unlawful deduction from wages.
Where the weather has led the employer to close the workplace …
In this situation, it is the employer that is deciding to close the premises and as a result they cannot comply with the contractual obligation to provide the employees with work. In these circumstances employees should be paid.
The only way for an employer to avoid payment would be to lay off the employee. This is only allowed if the employer has an appropriate clause in the contract of employment, otherwise the lay off will be a fundamental breach of the contract and could lead to a claim of unfair constructive dismissal.
Appropriate lay off provisions in the contract could allow an employer to lay off an employee for a maximum of four consecutive weeks or for a maximum total of six weeks in a period of 13 weeks. In these circumstances the employee would be entitled to a guarantee payment which is payable subject to a daily and weekly maximum.
It should be noted that a lay off in excess of four consecutive weeks or for in excess of a total of six weeks in a period of 13 weeks would entitle the employee to resign and claim a redundancy payment.
For more information on employment issues please contact a member of the SAS Daniels
Employment Law & HR team on 0161 475 7666.
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