Employers and employees alike are often confused about their rights when inclement weather prevents employees getting to work. Firstly, if an employee does not get to work because of the bad weather we do not believe they are entitled to be paid for it. We make that point because we have seen contrary opinions especially on the BBC website that employees would be entitled to be paid and unless there was a specific clause in the contract of employment any failure to pay would constitute an unlawful deduction from wages.

Another issue that has caused some controversy is over schools’ closures.  Employees are entitled to unpaid leave where arrangements for child care break down. The closure of a school would in our view be covered by this legislative provision. Therefore if an employee was dismissed for failing to attend work in these circumstances we believe that the dismissal would be automatically unfair. The employee would not require any qualifying service to bring such a claim. Even giving a warning could constitute a detriment and therefore entitle an employee to bring proceedings before an employment tribunal.

Another scenario employers need to be aware of is the impact on morale when some employees clearly struggle in to work, whereas others see snow and treat it as an excuse for a day off. How you deal with this is far from easy.  Throwing warnings around like confetti is hardly good practice, but at the same time employees who struggle to get to work do not expect to see that those who don't make an effort appear to 'get away with it'.

One way of dealing with this is by making clear that employees who do not get in to work are expected to make the time up, alternatively those who do get in might be given the benefit of a couple of early Friday finishes.