BUSINESSES must make employees’ rights clear and have policies in place for workers who may be forced to take time off because of bad weather, a North-East law firm has warned.
Muckle LLP has advised businesses they should have clear policies in place regarding people’s rights in taking time off as a result of the extreme cold snap, which has seen hundreds of workers across the region snowed in and taking time off to care for dependents.
With more snow forecast until the end of the month, solicitor Amy Sergison said businesses need to be mindful of employee rights.
“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,” she said.
“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 in the 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.
“Employers also need to be aware that they cannot force an employee to use their holiday for time off to care for dependants, as this may result in an employee bringing a complaint in an employment tribunal and receiving compensation.”
Businesses also need to provide clear guidelines to workers without children, but who may be unable to travel due to the weather, said Ms Sergison.
“For example, if 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,” she said.
“With forecasters still predicting further heavy snow, employers need to make it absolutely clear to staff about their absence policy. If necessary, businesses need to revise or implement these to include information specifically focusing on adverse weather conditions.
“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.”
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