From snow and flooding to heatwaves and storms, adverse weather is becoming an increasingly common challenge for employers in the UK. While the weather itself may be outside your control, how you respond as an employer isn’t and getting it wrong can quickly lead to employee relations issues, inconsistency, or even legal risk.
Here’s what employers should be considering when severe weather hits.
Attendance and Travel Disruption
One of the most common issues during adverse weather is whether employees can safely get to work. Employers should avoid a “one size fits all” approach and consider:
• Whether travel is genuinely unsafe or impossible
• The employee’s role and whether remote working is viable
• Local conditions, which may vary significantly
Employers have a duty of care for the health and safety of their staff. ACAS advises that employers should not encourage people to travel when it is not safe to do so. Employers should be mindful of Met Office weather warnings telling people not to travel expect for emergencies.
Considerations could be to allow staff to:
• Come in later that day once the disruption has stopped
• Work flexibility, make up time or work from home
• Adjust someone’s hybrid working arrangement temporarily
• Allow shift swaps for those who might be able to get in to work more easily
• Temporarily change someone’s duties so work can still be carried out
Disciplinary action for non-attendance is rarely appropriate where employees have made reasonable efforts to attend or where safety is a concern.
What If Weather Disruption Affects Someone Who Must Drive For Their Job
Should this happen it is important to contingency plan for this in advance and speak to those members of staff about other options for working. Make sure you follow local travel advice and conduct a risk assessment to decide if it is safe for the person to do their job.
Pay During Adverse Weather
Pay is often the most contentious issue. Key considerations include:
• Employees who attend work should be paid as normal
• Employees who cannot attend may or may not be entitled to pay, depending on their contract and the employer’s approach
• Remote working, altered hours or time made up later can often avoid disputes altogether
• Employers can ask employees to use holiday entitlement if they are unable to get in due to disruption, or mark the day as unpaid additional leave
• Clear contractual wording and a consistent approach are crucial. Employers who apply discretion and flexibility often see better engagement and goodwill in return.
Health and Safety Responsibilities
The Health and Safety at Work Act 1974 places a duty on employers to protect the health and safety of their workforce and provide a safe working environment. During adverse weather this includes:
• Assessing whether it is safe to open premises
• Ensuring workplaces are adequately heated, ventilated or cooled
• Avoiding pressure on staff to travel in dangerous conditions
Where conditions pose a real risk, closing the workplace or implementing remote working may be the safest option.
Extreme Heat and Workplace Conditions
Hot weather brings its own challenges. While there is no maximum legal working temperature in the UK, employers must ensure working conditions are “reasonable”. This may involve:
• Adjusting working hours
• Providing additional breaks and water
• Relaxing dress codes
• Considering homeworking where possible
Failure to manage this appropriately can lead to increased sickness absence and reduced productivity.
The Importance of a Clear Adverse Weather Policy
Having a well-drafted adverse weather or business continuity policy helps employers:
• Set expectations in advance
• Ensure consistent decision-making
• Reduce disputes about pay and attendance
• Empower managers to act confidently
A strong policy should cover attendance, pay, remote working, workplace closures and communication expectations.
Don’t forget to refer to other policies too where appropriate, such as Time Off for Dependents if an employee must take time off during disruption to help someone else. An example could be an employee’s child’s school closing due to snow, so they need to look after them at home.
