Storm Gladys: What Does The Law Say On Employee Rights During Ice And Snow?

23rd February 2022

HEAVY snow and 70mph winds are expected to hit parts of the UK this week - with the Met Office issuing yellow weather warnings as Storm Gladys is expected to arrive.

It is the fourth storm to hit the country in five days after Storms Dudley, Eunice and Franklin caused widespread disruption when they swept the UK, with record 122pmh gales recorded in the south of England.

The impact of the storm may mean that some employees' ability to get to work on time are affected or, in some instances, they may not get to work at all. These situations can arise from circumstances ranging from public transport services being disrupted, or cancelled, as a result of the bad weather.

Laura Kearsley, partner and solicitor in the employment team at
Nelsons, explains what the law says on employee rights during ice and snow.

I can't get to work because of the bad weather. Does my employer have to pay me?

Put simply, no they do not. It is generally an employee's responsibility to get to and from work and so if this is not possible, the employer is entitled to regard such absence as unauthorised. An exception to this might be where the employer provides transport (e.g. a bus service) and this is cancelled.

Once again, some employers may consider allowing employees to request the time off as annual leave or to work from home. However, it is important to remember your employer should not force or pressure you to unnecessarily attempt the journey if there are legitimate safety reasons why you should not travel.

Is there a minimum workplace temperature that should be met?

No, there is not. However, employers are required to maintain a safe working environment. The Health and Safety Executive provides guidance and recommends a minimum temperature of 16C for workplaces where the nature of work is fairly inactive/deskbound, such as offices. If the work requires physical effort, the minimum recommended temperature is 13C.

My workplace has closed for the day because of the weather. Does my employer have to pay me?

Unless your contract has a provision allowing for unpaid lay-off, your boss will still have to pay you if your workplace is closed because of the snow; this also cannot be marked down as a holiday. However, they can request you work from home if you are able to.

If you are on a zero hours contract or your employer has a contractual right to decline to offer you work at short notice, they may not have to pay you. Also, if there is an advance notice of bad weather, the employer could give prior notice to require employees to take their holiday.

Is my employer liable if I slip on snow or ice at work?

Employers are required to maintain safe working conditions for employees so they may be liable if there is an accident at work that could have been avoided.

If I'm on annual leave and my employer shuts my workplace for the day, do I still have to use my annual leave for that time, even though the business is shut?

This depends on your employer's policy and whether employees are still expected to work while the business is shut. You may be able to "claim your holiday back" if everyone else is being given a day off, but if other colleagues are expected to work from home or continue to attend appointments, then it is less likely.

My child’s school is closed - can I take the day off work?

You are entitled to take a reasonable amount of emergency unpaid time off work to take care of your kids if there is an unexpected disruption in their normal care arrangements - the closure of a nursery or school would qualify as an emergency. However, this is not time off to look after the child, but to make alternative arrangements for their care instead.

Many employers are more flexible though in these circumstances and will allow employees to take holiday at short notice or, if appropriate, to work from home or make the time up.

For more information on employee rights, please visit www.nelsonslaw.co.uk/employee-rights or call 0800 024 1976.