Press Releases | January 2010

All through December the dulcet tones of Dean Martin could be heard across the airwaves singing "let it snow, let it snow, let it snow". Well it may not have been a white Christmas but January is certainly making up for that with some of the heaviest snowfalls in a decade.

Whilst children can be seen enjoying the snow, employees are struggling to get into work - with snow and ice making road conditions hazardous, public transport being cancelled and schools closing.

Many companies have the technology in place to enable employees to work remotely from home with minimum disruption to the business. But what about those employees who do not have remote access, or whose job cannot be done from home?

Employees should still go into work if possible, as long as they can do so safely without taking any unnecessary risks. However, if they are genuinely unable to get into work then they should notify their employer as soon as possible. Some companies may have a policy in place covering adverse weather conditions, but if not, employees should use common sense and call their employer as soon as possible to inform them of the situation. A failure to notify their employer could result in the absence being treated as an unauthorised absence.

Even where the employee does notify the employer that they are unable to work, the employer will need to consider how the time should be treated. If the employee is absent because of school closure then this may (subject to fulfilling the requirements) be treated as 'dependent care leave'. Where the absence is due to disruption to travel then the employer could tell employees that the time will be unpaid, relying on the fact that no work was done. However this could result at worst in a dispute, and at the very least could have a negative effect on morale - especially if the employee has made every effort to get in to work but failed.

Some employers have told staff that if they want to be paid then they must take the time as part of their annual leave entitlement - however this could pose a problem if the contract does not allow for this or the employee does not agree. Other employers have told staff that they will be paid as usual but that they need to make up the time at a later date.

The reality is that many employees will be motivated to put in additional time and effort when they return to work to catch up on the backlog, but it would be sensible for both employers and employees to be flexible as to when the time is worked.

Whatever the weather, communication between employer and employee is vital, and with the snow continuing to fall, now may be a good time for employers to consider whether their policies need updating.

If you require advice on how to deal with staff absences over the past few weeks, please contact Kirstie Johnson on 01256 305574 or email her at kirstie.johnson@lambbrooks.com.