Your rights over pay or taking days off if snow stops you getting to work
by Barbara Hodgson · ChronicleLiveThe North East is bracing itself for the first snowfall of the season with a yellow weather alert issued by the Met Office.
And with the approach of winter - which is December 1 according to meteorologists - there is set to be a lot more of it ahead as temperatures continue to drop. Snow can cause huge problems for commuters and of course not everyone has the option of working from home.
While many will be able to get to work in the snow, those who commute long distances, or live in areas unreached by ploughs and gritters, can have a real struggle on their hands. The roads may be dangerous or public transport may be cancelled.
Some may need to stay at home because of childcare issues caused by potential school closures. The advice is to contact your workplace as soon as possible to discuss any problems - but what are your rights at work if you can not reach there due to the snow?
Will I be in trouble if I can’t make it in - and will I get paid?
Your boss can not make you come in to work if the journey is too dangerous or simply impossible. However, they also may not have to pay you.
According to Advisory, Conciliation and Arbitration Service (Acas), there is no automatic legal right to be paid if you miss work due to travel disruption or bad weather. However, some contracts may have a clause where there is an agreement that employees get paid on snow days, so check your contract or employer handbook.
But if your employer lays on transport to get you to work - and it is cancelled due to poor weather or disruption - you should still get paid for any working time you miss, as long as you can prove you were willing and able to work that day.
What if my workplace is closed due to extreme weather?
Acas has said that as long as you were ready, available and willing to work you should be entitled to your usual pay if:
your employer fully or party closes their business or reduces their hours, or if essential staff (such as line managers or those who provide access to the building) can not get in.
However, some employees' contracts may contain clauses about arrangements for snow days. You may be asked to work from home, or elsewhere, says Gov.uk.
If you do not have a contract, or it is zero hours or causal, you may well be entitled to no pay for the day. Some contracts also give employers the power to 'lay-off' some staff - without pay - for days when poor weather means they can not get to work.
Can I be forced to take the day as paid holiday?
Technically, yes, your employer can force you to take a day's paid holiday for a snow day. However, the Government says they must warn you in advance and give notice that is at least double the time off they are forcing you to take.
So if your boss says you will need to take one day paid holiday due to snow, they must tell you at least two days in advance. It means they cannot tell you on the morning of work that you must take a day's paid holiday due to poor weather or travel disruption.
My office is too cold, can I go home?
Not exactly, although the Health and Safety Executive recommends a minimum temperature of 16C for offices, or 13C for indoor work with physical effort. But that is a recommendation, not a law.
Acas says employees should be allowed to wear warmer clothing and take extra hot drink breaks should temperatures plummet.
Can I stay home if my child's school is shut?
Parents may need to know what happens if their children's school shuts and they need to look after them - can they stay home instead of going to work? The law gives employees the right to stay off work and look after their kids to deal with 'unexpected incidents'.
Section 57A(e) of the Employment Rights Act 1996 gives you the right to take a reasonable amount of time off work to deal with unexpected incidents involving your child while they are at school. So this could include school closures.
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