If you cannot get into work due to adverse weather conditions you are not automatically entitled to be paid. Even in the most terrible weather conditions the onus is on the employee to get into work (unless your employer has a contractual obligation to provide transport for you). Many employers have an Adverse Weather policy which will clarify whether payment will be made or not to an employee who cannot travel into work because of the weather conditions. It is quite possible to make an arrangement with your employer that you will make the time up, work from home or take the day off as part of your holiday entitlement. Your employer cannot force you to take the time off as annual leave as you are entitled to a minimum notice period before you have to take the leave. This does not apply if you get more holiday than the legal minimum of 5.6 weeks a year. However, if your workplace is closed due to weather conditions you are entitled to be paid.
My children’s school/nursery is closed and I have no child care – what are my options?
Kate Fretten, Employment Partner, says “If there is an unexpected disruption to your normal care arrangements this is classed as an ‘emergency’ and you have the right in law to unpaid leave to look after children or other dependents in this case.” Your employer is not obliged to pay you for the days you do not attend, but taking the time as paid holiday leave or making up the time may be a solution that both parties are happy with.
For a free initial meeting please call 01202 499255 and Kate or Paul will be happy to discuss any questions you may have.
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