Snow chaos - know your rights if you can’t get to work?

The UK’s first Arctic blast of the year has brought heavy snow, icy roads and freezing temperatures.

With yellow weather warnings in place by the Met Office, many across the country are facing challenges getting to work or managing school closures.

Employment experts affiliated to Shakespeare Martineau, explain workers’ rights in these conditions, from pay entitlements to emergency leave.

Does my employer have to pay me if I can’t get to work due to the snow?

Whether employees get paid on days when they cannot make it into the office will largely depend on their contract of employment.

Many employers will have a ‘bad weather policy’, so it is always worth checking your contract.

However, on a general note, employers do not have to pay employees who are unable to get into work, subject to their contract.

Employees are expected to make reasonable efforts to attend work despite any severe transport disruption or road closures.

However, it is usually best practice to be flexible in these circumstances by allowing employees to request the time off as annual leave or to work from home.

With the help of technology and working adjustments made during the coronavirus pandemic, many employees should be able to work from home.

However, it is important to remember your employer should not force you to attempt the journey if there are legitimate concerns for your safety.

My workplace has closed for the day due to the snow – do I still get paid?

If your employer has closed the office because it is inaccessible, they should usually still pay employees for that day.Withholding pay when employees are unable to work through no fault of their own could be considered as an unauthorised deduction from wages.

In those circumstances, employees may be able to bring a claim against their employer.

However, it should be noted that some employment contracts contain a temporary ‘lay-off’ clause.

If this is the case, employers can refuse to give the full amount of pay to employees to a limited time.”

Can I take time off work if my child’s school is closed due to snow?

Schools are often closed when there is bad weather, forcing many employees to stay at home to look after their children.

If a school was closed at short notice, this would constitute an emergency relating to a dependant, in which case, you would be entitled to take time off as dependency leave.

This type of leave does not have to be paid. Your employer cannot refuse you dependency leave if you have no other choice, and you cannot be disciplined or sacked for taking the time off.