SNOW, SNOW, SNOW AND ABSENCE FROM WORK
We’ve had many queries over the last few days from employers seeking advice regarding employees who are not at work ‘due to adverse weather conditions’ and the chaos this is causing them.
This is becoming a huge controversial issue due to the extent of the adverse weather conditions which is affecting increasing numbers of business operations day to day with increasing numbers of employees not turning up for work. With nearly 11 per cent of the UK’s employees absent from work yesterday – the highest figure ever recorded for December, according to absence management company FirstCare, it's no surprise that organisations are concerned.
So what can you do if your employees can't make it in to work? You should be aware that employees have statutory protection against an unauthorised deduction from their wages. However, if your employee fails to turn up for work to undertake job you pay them for, then an employer is not obliged to pay the employee unless there is a contractual provision entitling them to pay or you may already have the employee’s consent for deductions in which case there is no further issue.
Deductions from pay will be unauthorised in most situations, unless contracts of employment provide for deductions under specific circumstances. Whether this covers adverse weather is dependent on each employer’s conditions. An example of where adverse weather conditions can be found is in the construction trades / industry.
An option for employers to consider is to have employees use part of their holiday entitlement.
Unpaid leave is the same as a deduction from pay, therefore the use of part of an employee's holiday entitlement is a safer option and makes it more difficult for an employee to take legal action in such circumstances
Whether an employer has a ‘right’ to enforce the use of holiday entitlement is again dependent on contractual terms given to your employees which may prevent this.
You could, depending on your working environment and jobs undertaken, allow employees to work from home for a limited period of time.
The promotion of supporting employees as best as possible in such times is beneficial to the workplace in that motivated and cared for employees are more likley to go that 'extra mile' in trying their best to attend work. Employers should ensure that all employees are treated consistently to avoid grievances or perhaps even discrimination claims - consider those employees who may have for example childcare problems due to inclement weather as they may well have legislative protection and may be entitled to 'emergency dependant's leave'.
There is much more that could be written about this subject however, should you require more information and / or advice on people management issues you should always seek professional and independent advice. Fairways can assist with all HR policies and procedures http://www.fairways-uk.com/.
This is becoming a huge controversial issue due to the extent of the adverse weather conditions which is affecting increasing numbers of business operations day to day with increasing numbers of employees not turning up for work. With nearly 11 per cent of the UK’s employees absent from work yesterday – the highest figure ever recorded for December, according to absence management company FirstCare, it's no surprise that organisations are concerned.
So what can you do if your employees can't make it in to work? You should be aware that employees have statutory protection against an unauthorised deduction from their wages. However, if your employee fails to turn up for work to undertake job you pay them for, then an employer is not obliged to pay the employee unless there is a contractual provision entitling them to pay or you may already have the employee’s consent for deductions in which case there is no further issue.
Deductions from pay will be unauthorised in most situations, unless contracts of employment provide for deductions under specific circumstances. Whether this covers adverse weather is dependent on each employer’s conditions. An example of where adverse weather conditions can be found is in the construction trades / industry.
An option for employers to consider is to have employees use part of their holiday entitlement.
Unpaid leave is the same as a deduction from pay, therefore the use of part of an employee's holiday entitlement is a safer option and makes it more difficult for an employee to take legal action in such circumstances
Whether an employer has a ‘right’ to enforce the use of holiday entitlement is again dependent on contractual terms given to your employees which may prevent this.
You could, depending on your working environment and jobs undertaken, allow employees to work from home for a limited period of time.
The promotion of supporting employees as best as possible in such times is beneficial to the workplace in that motivated and cared for employees are more likley to go that 'extra mile' in trying their best to attend work. Employers should ensure that all employees are treated consistently to avoid grievances or perhaps even discrimination claims - consider those employees who may have for example childcare problems due to inclement weather as they may well have legislative protection and may be entitled to 'emergency dependant's leave'.
There is much more that could be written about this subject however, should you require more information and / or advice on people management issues you should always seek professional and independent advice. Fairways can assist with all HR policies and procedures http://www.fairways-uk.com/.
posted by Liz @ Fairways at
23:48
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