Managing Workplace Disruption During Severe Weather: Guidance for Employers and Employees

Storm Goretti brought severe weather disruption across the UK earlier this month, significantly impacting the Midlands. With further weather warnings expected in the coming weeks, employers and employees should take proactive steps to safeguard wellbeing and minimise operational disruption. The following guidance outlines key legal duties and best practices for workplaces facing adverse weather conditions. 

Employers’ Responsibilities 

Duty of Care 

Under the Health and Safety at Work etc. Act 1974, employers must take reasonable steps to protect the health, safety and welfare of their workers. This statutory duty is reinforced by common law principles and implied contractual terms. During periods of severe weather, employers should consider: 

• Conducting or updating risk assessments - covering the safety of employee commutes, workplace conditions and any risks that could be mitigated. 
• Following ACAS guidance - including avoiding any requirement for employees to travel when unsafe and offering flexible or hybrid working arrangements where possible. 
• Considering additional vulnerabilities - particularly for pregnant employees, disabled employees or those with underlying health conditions. 
• Assessing whether annual leave is appropriate - in circumstances where flexible solutions cannot be implemented. Employers can either agree with the employee that they can take holiday if unable to get into work, or, in cases where disruption is known about in advance or is likely to be long lasting, employers can require employees to take holiday by giving at least twice as much notice as the length of the leave proposed e.g. two days’ notice of one day’s leave. 

Adverse Weather Policies 

Employers may want to review whether they have a clear and up to date adverse weather or travel disruption policy. A well drafted policy provides consistency, reduces uncertainty, and supports fair decision-making. Policies should typically address: 

• Definitions of “adverse weather” 
• Expectations for travelling to work 
• Procedures for late arrival or early departure 
• Absence and pay arrangements 
• School closures and childcare related absences 

Business Continuity Planning 

A robust business continuity plan can reduce operational disruption and provide clarity during emergency situations. Employers may wish to consider: 

• Identifying essential roles and functions that must remain operational. 
• Maintaining effective communication channels - including current contact details, access to electronic systems, and clear reporting procedures for absences (e.g., telephone, HR portal). 
• Reviewing pay arrangements - whether an employee will be entitled to be paid when adverse whether means they are unable to work will depend on the terms of their contract.  In any event, wages cannot be lawfully deducted without contractual or handbook authorisation, so it will be important to review pay arrangements. Any approach to pay during adverse weather should be applied fairly and consistently. 
• Providing training, where relevant, so employees understand how to respond to different types of adverse weather (e.g., snow, ice, flooding). 

Employees’ Responsibilities 

Employees have an implied contractual duty to be ready and willing to work. If an employer reasonably believes that an employee is using adverse weather as a pretext to avoid work, the matter may be investigated in accordance with an employer’s disciplinary policy. 

During periods of significant weather disruption, employees should: 

• Communicate promptly with their employer about travel difficulties or absences, in line with the employer’s handbook or policies where relevant. 
• Consider reasonable alternative travel arrangements, where safe to do so. 
• Prepare to work from home if their role allows. 
• Ensure that any urgent or time sensitive tasks are appropriately managed or handed over. 

Where adverse weather impacts on someone for whom an employee has caring responsibilities, such as children or an elderly parent, an employee may have the right to take emergency time off for dependants. Time off for dependants is unpaid (unless the employee’s contract or handbook says otherwise) and allows reasonable time off to deal with an emergency.  For example, if an employee’s child’s school unexpectedly closes for the afternoon due to adverse weather, then they can take time off for dependants to care for their child and sort alternative childcare arrangements. 

How can we help? 

If you need support with your responsibilities surrounding adverse weather, get in touch with our specialist employment law solicitors. 

Contact our team by telephone on 0330 123 1229, complete our contact form or send us an email via info@smithpartnership.co.uk.