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Adverse weather and employee rights

December 12, 2022 By Bater Law

1.Do you have to go to work if its too cold?

In short, you will be required to attend work, even if the outside temperature is -6C. This is because there is no minimum or maximum temperature which prevents an employee from attending work.

Whilst the outside temperature won’t prevent you, the temperature at work must be reasonable and safe to ensure you can carry on with your normal duties. HSE advice is that office temperatures should not drop below 16C, or 13C if doing physical work. It is advised that employers conduct a risk assessment to ensure staff safety. If you feel cold and worry that the workplace.

temperature has dropped below 16C or 13C, you should request that a risk assessment be carried out by your employer.

Your employer may also implement dress down, more breaks or provide warmer clothing (especially to those who work outside).

 

2. Do I have to work if the weather is bad?

Whilst we would all love a snow day; they tend to be a very rare occurrence. Especially in the world of home working, you may not even be able to use the excuse that you can’t get into work anymore.

If it is safe travel and public transport is operating, you will be expected to attend work, even if that means you will arrive late. You should speak with your employer, if you are worried about weather conditions and you may be able to agree that you finish work earlier and work back the time at a later date.

If however, it is not safe to travel, you should review the staff handbook to see if there is an adverse weather policy. In any event, you should also speak with your employer to explain. If you are unable to attend work or work from home, you may be offered to take the day as annual leave, unpaid leave or work the time back.

 

3. Will i get paid if i cannot get to work?

If your workplace is closed because of extreme weather conditions, you will be paid.

Note: if you cannot work from home and can only work from your workplace, your employer cannot mark you down as taking holiday, legally they need to give you twice the amount of notice in order to do this.

If your workplace remains open and you cannot attend work, you do not have an automatic right to be paid, your employer may:

Ask you to work from home.
Ask if you would like to take annual leave. Take unpaid leave.
Work the time back (if possible).

 

4. What can i do if my children’s school is closed?

If your children’s school is closed, you are entitled to take a reasonable amount of emergency unpaid time off work to look after your children, this is called Time off for Dependants leave.

A situation like this, will fall under Time off for Dependants, we would also advise that you check your employer’s policy set out in the staff handbook, usually such a policy will allow you 1 or 2 days off in order to help you make alternative childcare arrangements.

You will not be paid for this time off.

If you have any queries, please contact us on

[email protected]

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Bater Law

Ceri Bater is a qualified solicitor, with over 15 years experience in litigation matters.


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