Snow business!
The recent cold snap, with icy roads and pavements covered by snow, caused severe problems getting into work. Employers, finding themselves short staffed, may wonder whether they have to pay an absent employee. An employee who believes pay was wrongly deducted can make a claim for unlawful deduction from wages to an Employment Tribunal.
The starting point is that there is no legal requirement to pay an employee for a day when they did not work due to adverse weather conditions. This could be because travelling was impossible or schools were closed so they had to stay at home to look after children. Employment Contracts do not usually contain provisions to the contrary but should be checked.
The position is different if an employer closes his premises or tells the employees to stay at home. In those circumstances the employees are entitled to payment.
Fortunately, such difficult weather conditions are unusual in England and many employers will choose to pay as normal if only 1 or 2 days are missed. The decision whether or not to pay becomes more difficult if the bad weather continues. If the weather forecasters are right there may be disappointment ahead for employees who find their day sledging or watching daytime TV becomes unexpectedly expensive!
For more information, please contact Geoff Ellis on 01905 723131 or email geoffrey.ellis@thomasguise.co.uk