Adverse Weather: What Employers Need to Know

From heavy snow and flooding to heatwaves and severe storms, adverse weather events are a recurring challenge for UK employers. The weather itself is outside your control. How you respond as an employer is not, and getting it wrong can quickly lead to inconsistency, employee relations problems and avoidable disputes.

The most common mistake is having no clear approach in place before the weather event happens. By the time employees are calling in or asking what to do, the decisions need to have already been made.

Key facts at a glance

  • Employees have no automatic right to pay if they cannot get to work due to adverse weather, but your employment contracts and policies may say otherwise.
  • ACAS guidance on adverse weather advises employers not to encourage staff to travel when it is not safe to do so, including when the Met Office has issued a “do not travel” warning.
  • Employees have a statutory right to take unpaid time off for dependant care emergencies, which can include school closures caused by adverse weather.
  • Health and safety obligations extend to extreme heat as well as extreme cold. There is no legal maximum workplace temperature in the UK, but employers have a duty to maintain a safe working environment.
  • An adverse weather policy prevents inconsistent decision-making, reduces the risk of grievances and gives managers a clear framework to apply.

A clear, fair approach applied consistently is what protects you. Here’s what you need to know across the key areas.

Pay and attendance when employees cannot get to work

There is no automatic legal entitlement to pay when an employee cannot travel to work due to adverse weather. However, what your employment contracts say matters. If your contract guarantees pay regardless of attendance, you’re bound by it. If it’s silent, the default position is generally no work, no pay for hours not worked.

In practice, most employers don’t simply dock pay. Common approaches include allowing employees to work from home where possible, requiring them to make up the time, asking them to take it as annual leave, or treating it as paid or unpaid exceptional leave as a one-off. The important thing is that your approach is consistent across the team. Handling it differently for different employees without clear reason creates unfairness and the potential for grievances.

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  • How Limelite HR Can Help

    Adverse weather decisions are rarely straightforward, particularly when emotions run high and circumstances vary across your workforce. Limelite can help you:
    • Review contracts and policies
    • Advise on pay and attendance decisions
    • Support managers with employee conversations
    • Reduce the risk of grievances and claims

    If your organisation doesn’t already have a clear adverse weather approach, now is the time to put one in place before the next storm hits.

    If you’d like support reviewing your policies or managing an adverse weather situation, Limelite is here to help.
    30 minute discovery call

Flexible and remote working options

Where a role can be done remotely, adverse weather is a straightforward situation to manage. Employees work from home and are paid as normal. If your business operates a hybrid model, you likely already have the infrastructure for this. If not, it’s worth thinking in advance about which roles could adapt temporarily and what equipment or access employees would need.

For roles that genuinely cannot be done remotely, the options are more limited. Consider whether shift swaps are possible, whether temporary adjustments to duties could allow someone to work, or whether allowing a late start once conditions improve is practical. Rigid attendance expectations during a Met Office Level 3 or 4 weather warning are rarely reasonable and can damage trust significantly.

School closures and dependant care

Adverse weather often coincides with school or nursery closures, particularly in winter. Employees have a statutory right under the Employment Rights Act 1996 to take a reasonable amount of unpaid time off to deal with dependant care emergencies. A school closure caused by snow qualifies. This right applies from day one of employment and cannot be removed by contract.

The leave is unpaid as a statutory minimum, but many employers choose to pay it as goodwill, particularly for a single day. What matters is that your approach is consistent and communicated clearly before the situation arises, not improvised on the morning it happens.

Health and safety in extreme weather

Your health and safety obligations extend beyond the office when extreme weather is involved. If employees need to drive for their role, you should carry out a risk assessment before asking them to travel in severe conditions and follow local travel advice. Asking a driver to travel when the Met Office has advised against it creates significant liability if something goes wrong.

For office-based employees, there is no legal maximum workplace temperature in the UK, but HSE guidance on workplace temperature is clear that employers must take reasonable steps to maintain a safe and comfortable working environment during extreme heat. Practical steps include providing fans, adjusting dress codes, allowing regular breaks and considering early finishes or remote working on very hot days.

In winter, adequate heating, safe access routes and gritting of car parks and entrances are all part of your duty of care. Employers who fail to maintain safe premises during adverse weather face liability for any resulting injury.

Why you need an adverse weather policy

Without a clear policy, managers are left to make individual decisions under pressure, often with inconsistent results. One manager sends their team home early. Another insists everyone stays. Someone is paid for their absence, someone else isn’t. These inconsistencies create resentment, grievances and, in some cases, tribunal claims.

An adverse weather policy should cover: when the policy applies (triggered by specific weather warnings or school closures); pay arrangements for different scenarios; how employees should report absence or travel delays; what remote working options apply; and manager responsibilities during the event. It doesn’t need to be long. A single clear page is more useful than a detailed document nobody reads.

What you should do now

  • Check whether your employment contracts address adverse weather and pay. If they’re silent, your policy needs to be clear enough to fill that gap.
  • Make sure your managers know what the approach is before adverse weather happens, not during it.
  • Review your risk assessment for employees who drive or work outdoors. Does it cover adverse weather scenarios?
  • Consider your approach to extreme heat, not just cold. HSE guidance is clear that employers have obligations here too.
  • If you don’t have an adverse weather policy, now is a good time to put one in place.

How Limelite can help

We help organisations across Worcestershire, Birmingham, the Midlands and the wider UK put the right policies in place before situations arise. An adverse weather policy is one of the simplest, most practical HR documents a business can have, and one of the most commonly missing. Our HR project support team can draft it for you alongside a broader policy review, or we can support you on an ongoing basis through our retained HR service.

Book a free 30-minute discovery call

About the author

Helen Scullion Assoc. CIPD, HR Client Manager at Limelite HR & Learning. Helen supports organisations with day-to-day HR management, employee relations and practical people support. Connect with Helen on LinkedIn.

FAQS

  • Do I have to pay employees who cannot get to work due to adverse weather?

    Not automatically. There is no legal right to pay when an employee cannot travel to work due to adverse weather, unless your employment contract says otherwise. In practice, most employers allow employees to work from home where possible, take the day as annual leave, make up the time or treat it as exceptional paid leave as a goodwill gesture. Whatever approach you take, apply it consistently across your team to avoid grievances.

  • Can I discipline an employee for not coming in during adverse weather?

    Only in limited circumstances. If an employee made no attempt to contact you, gave no explanation and travel was clearly possible and safe, disciplinary action may be appropriate. But if travel was genuinely unsafe or a Met Office warning advising against travel was in place, disciplinary action is unlikely to be reasonable. ACAS advises employers not to pressure staff to travel when safety is a concern. Always investigate the specific circumstances before taking any action.

  • What happens if an employee can't come in because their child's school is closed?

    Employees have a statutory right to take reasonable unpaid time off to deal with dependant care emergencies, which includes unexpected school closures. This right applies from day one of employment. It is unpaid as a statutory minimum, though many employers choose to pay it as goodwill for a single day. Make sure your managers know what the entitlement is before a school closure situation arises, as decisions made inconsistently in the moment are a common source of grievances.

  • What should an adverse weather policy include?

    A clear adverse weather policy should cover when it applies (triggered by specific weather warnings, school closures or other events), pay arrangements for different scenarios, how employees should report travel delays or absence, what remote working options are available and what managers are responsible for during the event. It does not need to be long. A single clear page consistently applied is far more useful than a lengthy document that nobody can find when they need it.

  • Is there a legal maximum temperature for a workplace?

    No. There is no legal maximum workplace temperature in the UK. However, HSE guidance is clear that employers have a duty to maintain a safe and comfortable working environment, which includes taking reasonable steps during periods of extreme heat. Practical measures include providing fans, adjusting dress codes, allowing more frequent breaks and considering remote working or adjusted hours on very hot days. Failing to act when temperatures are excessive can breach your general health and safety duty of care.

  • What are my obligations if an employee has to drive in bad weather?

    You should carry out a risk assessment before asking employees to drive in severe weather conditions and follow local travel advice. If the Met Office has issued advice against travel, asking an employee to drive in those conditions creates significant liability if an accident occurs. For employees who drive regularly as part of their role, it is good practice to have a documented procedure for adverse weather scenarios, including how to report conditions as unsafe and what alternative arrangements apply.

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