Advice to firms with snowed-in staff

MIDLAND firms have been offered advice on what to do if employees are unable to get to work due to bad weather.

JLT Business Services said it had received a large number of enquiries from firms concerned about whether they had to pay staff for enforced absences due to severe weather such as that experienced recently.

JLT, which has linked up with HR and payroll services provider Peopletime, has now put together a list of what employers are required to do in such circumstances.

They do not have to pay an employee if they are unable to travel to work unless their contract of employment states that they are entitled to pay under these conditions. The same applies to those who have to leave work early due to weather conditions.

An employee only has to be paid if they are willing and able to work. Therefore, if an employee turns up to work and the business is forced to close they are entitled to be paid.

Firms should ensure the employee has thought about all of possible routes to work. If the roads are too dangerous they may be able to get the train, bus or even walk.

If an employee is unable to get to work and the firm is unable or unwilling to pay them then several options could be offered to the employee, such as taking unpaid leave, taking the day as paid annual leave or making up the lost time later.

However, Mandy Perry, divisional managing director of JLT Business Insurance Services, said firms had to bear in mind that not paying employees might have an adverse affect on staff morale.

Therefore they should be mindful that each employee has different circumstances, so they should assess options and consider discretionary payments on a case by case basis.

“It may help to put in place a contingency plan in the event of staff not being able to get into the office. This will help minimise the impact unexpected adverse weather conditions have on your day-to-day operations,” said Ms Perry.

She added it should also be borne in mind those employees who are unable to work because they have to look after a dependant, such as a parent who has to look after their child because of a school closure, are entitled to dependent care leave.

The entitlement is to provide them with what is considered a reasonable amount of paid leave. The employee must notify their employer of their reasons for not attending work and how long they expect to be absent to qualify.

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