Our News
Employers Must Be Clear on "Snow Days" Policy- 06/01/2010
With the region battling with some of the worst winter conditions for the past two decades, a leading Wolverhampton employment lawyer is urging employers to make clear their policy on being absent from work due to the snow.
Alasdair Hobbs, Partner and Head of Employment at Wolverhampton law firm FBC Manby Bowdler LLP, says that with many employees failing to get to work through the snow, or being forced to stay at home to look after children when schools have been closed, it is vital that employers take a consistent approach to absences and provide advanced warning to employees of their policies.
“It is important to discourage employees from using the snow as an excuse for a day off when they could have come to work, but this needs to be balanced with potential health and safety implications,” says Mr Hobbs, who is based in FBC Manby Bowdler’s Wolverhampton office.
While initial blizzard conditions may have made travel to work almost impossible, employers may judge that the weather and transport links have improved sufficiently so that staff could get in to work.
According to Mr Hobbs, employers could contemplate disciplinary action if they felt somebody was able to work but had chosen not to.
He says: “As taking disciplinary action would involve complying with the employer’s disciplinary procedure and ensuring consistency between employees, it is doubtful that many employers would want to devote time and resources to investigating the circumstances of individual workers.
“A better option would be to require employees who were absent to take a day's leave as part of their holiday entitlement, as long as this is communicated to all staff.
“However, if the authorities are telling people to stay at home unless their journey is essential, then bearing in mind their duty of care to their employees, employers may be liable if they pressurise workers into travelling by car or foot in dangerous conditions.”
According to Mr Hobbs, schools closures forcing employees to take time off to look after children are also proving to be headache for employers.
He says: “Employees have the right to unpaid time off to deal with emergency situations regarding their dependents, but this would not normally apply to a situation where the employee was required to look after their children as a result of not having any childcare arrangements.
“However, it is arguable that a situation where school closures were announced in the morning would be seen as constituting an emergency situation and employees would be entitled to statutory protection for taking the day off.
“Strictly speaking, the day would be unpaid but not all employers would take this approach. Many employers are likely to take the view that a day off in these circumstances should constitute holiday, but again any policy should be communicated to all staff.”