Partner Article

Businesses warned about snowy comeback

With further snowfall predicted for the remainder of January, North East businesses are being advised about the legal and practical considerations around the difficulties caused by bad weather.

Amy Sergison, solicitor at commercial law firm Muckle LLP, said: “In the event of unexpected disruption, termination or breakdown of childcare arrangements, employees have a statutory right to take time off for dependants and businesses need to be prepared for this situation.

“If a school is closed as a result of severe weather and alternative arrangements cannot be made in time - for example if the school closure is announced first thing on a morning and there is insufficient time to arrange childcare - this could constitute an emergency that would entitle a parent to time off work.

“In this situation, the statutory right is to unpaid leave only, but employers may wish to make a payment to any parents affected and should really make it clear to employees about their position on this issue.

Ms Sergison also reminded employers that they cannot force an employee to use holiday allowance for time off to care for dependants, as this could result in a complaint to the Employment Tribunal.

“Additionally, businesses also need to provide clear guidelines to employees without children who may be unable to attend work during periods of severe weather, for example if their transport links are affected by the snow. It is at the discretion of the employer as to whether they pay staff under these circumstances and employees need to be aware of what to expect.

“Employers also need to adopt a consistent approach in relation to employees with children and those without. It is essential that employees are aware from the outset of the approach adopted by their employer in relation to such absences in order to avoid any ambiguity.”

David Coulson, senior partner at Crook-based chartered surveyors Broadley and Coulson, added that there were ways around travel problems.

“It has been well documented that people are using wireless technology to work remotely, so if working from home is an option for employees this will be safer than risking a treacherous journey to work. Speak to your IT department or provider who may be able to help more of your staff work from home.

“Remember, take care, be sensible and don’t take any unnecessary risks. This way you will have more chance of staying safe.”

This was posted in Bdaily's Members' News section by Ruth Mitchell .