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Adverse weather raises employment law issues

If ever people needed a reason to work from home, this is it. The snow is forcing many commuters to embrace flexible working or face a hellish journey into the office and it is also raising issues relating to employment law.

Employers must make sure they are clear on the employment laws affecting staff absences due to bad weather.

Much rests on the conventional employment bargain that an employee is obliged to turn up to work and an employer is obliged to provide and pay for the work they do.

If an employee is able to get to work but the bad weather has limited the provision of work – through physical impediments or other staff absences – then the employee must still be paid.

On the other hand, if work is open but a worker is unable to get there, it is down to the employer to judge whether the absence is ‘authorised’ or not and, therefore, whether they remain under an obligation to pay them. Companies are increasingly implementing standard inclement weather policies, but decisions can often only be made when individual cases arise.

Many employers often exercise discretion in bad weather, and pay employees for some or all days they are unable to make it in. While this generates good employee relations, it is crucial for all employees to be treated consistently, so as to avoid discrimination claims.

If firms were to embrace flexible working, they could save themselves money that would be lost through staff being unable to make the trip into work.

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