January 2010
Given the recent weather many employees have been unable to get to their place of work either as a result of transport problems or because of disruption to childcare arrangements.
Clough & Willis Solicitors have had many calls enquiring about employers obligations to staff if they can not get to work. If an employee is unable to get to work by reason of the need to make arrangements for the purpose of providing care for a dependant, they have the right to take a reasonable amount of time off to make those arrangements without pay. With the exception of pay the employee should not suffer any other detriment. Dismissal of an employee by reason of taking such time off would be deemed automatically unfair.
If an employee can not make it to work because of transport problems, their absence should be treated in accordance with your normal policy or custom and practice in relation to absences. Unless the contract provides otherwise the employee is not entitled to payment in respect of the time off. If however, the employer decides to close the place of work and employees are ready and willing to work those employees are entitled to payment.
If you require further information relating to pay and absence during the big freeze contact Andrew Moore, Employment Law Specialist on 0161 764 5266.