As the winter months approach, getting to work could become a problem for some people affected by snow, winter storms or heavy flooding.

We saw in 2018 how The Beast from the East and Storm Emma brought freezing temperatures, snow, high winds and travel chaos.

Employees affected in this way should talk to employers about any difficulties and possible ways of working around it, which could be working from home, taking holiday or making time up at a later date.

Home working has become more routine during the pandemic if they can use a computer or laptop.

Employees are not automatically entitled to pay if they’re unable to get to work because of bad weather. Guidance is available from the Advisory, Conciliation and Arbitration Service (Acas) about winter weather – travel disruption.

However, should the office have to close because of the weather, employees are being prevented from working. In this case, unless their contract specifies otherwise, they will need to be paid in full for any work they miss due to the closure of the workplace.

Government guidance over disruption by poor weather includes:

Offering a paid leave option for staff

Employers can ask staff to take paid holiday (annual leave) if they give the correct notice. This must be at least double the length of time they want employees to take in annual leave. So for one day’s annual leave it would be two days notice.

The employment contract may set down a different notice period and if so, this will usually apply.

Flexible working

Employers may ask flexible workers to work from home or make up time later. Unless the employment contract says so, employers cannot insist on this.

If the workplace is closed

If the workplace is closed because of disruption and the employee does not usually work from home, employers cannot usually deduct pay. Employers might be able to ask staff to go to another workplace or work from home.

Looking after children

If an employee’s child’s school is closed or their normal childcare arrangements are disrupted, they could have the right for time off to look after them. This should be agreed between the employee and the employer.

Staying in contact with staff

Should an employer need to close the office, for example, they will need to tell everyone via personal contact, not just a work email, as employees may not have access (or choose not to) to work emails and phone outside of working hours.

Rights about travel disruption can be outlined in the employment contract – employees should check.

For help and advice on employment matters, contact our expert team.

Bereavement is all too common at the moment with the effects of the COVID-19 pandemic, and it poses problems for employees returning to work.

A recent survey has found that nearly half of employees (49 per cent) were forced to return to the workplace before they were ready as they did not receive any paid leave. They also cited job security as another reason.

In addition, nearly 60 per cent of those surveyed by the end of life charity Marie Curie, said their performance at work was affected for months after bereavement.

In the wake of COVID-19, employers should review their bereavement policies to support grieving members of staff, says the charity.

It surveyed 1,000 employed people who experienced a bereavement in the previous 12 months as well as over 400 HR professionals about policies and procedures in place to support their staff.

At the moment an employee has the right to time off work after the death of a dependant such as a partner, child or parent and may be eligible for Parental Bereavement Leave and Statutory Parental Bereavement Pay if they or their partner either:

• Has a child who has died under 18 years old
• Had a stillbirth after 24 weeks of pregnancy

The move came about as a result of Jack’s Law, also known as the Parental Bereavement Leave and Pay Regulations. Jack’s Law is in memory of Jack Herd whose mother Lucy campaigned tirelessly on the issue.

The Chartered Institute of Personnel and Development (CIPD), Marie Curie and others are now calling for an extension of Jack’s Law so employees experiencing the bereavement of other close family members are also supported by statutory provisions.

Ken Akers, Head of HR at Marie Curie, said: “Returning to work before you are ready can complicate experiences of grief but for some work can be that routine and sense of normality people crave in times of crisis. Whatever the decision, employees must feel supported and trusted to do what is best for them.”

Claire McCartney, Senior Policy Adviser, Resourcing and Inclusion, at the CIPD, said: “We think it’s crucial that organisations properly support their bereaved colleagues. Employees will need time to come to terms with what’s happened and will be unlikely to be able to perform well at work if they are forced to return too quickly.”

The CIPD has issued guidelines as to how employees should be supported:

• Employers should work to be knowledgeable about the law and bereavement, including parental bereavement leave and pay and emergency time off for family and dependants.
• Employers should address health and safety obligations in relation to bereavement and avoid discrimination and address the risk of bullying.
• An open culture of support helps people feel more comfortable asking for support.
• Develop a bereavement policy, covering aspects like reporting a bereavement, any leave and pay and returning to work.
• Educate and support people managers to show empathy and compassion.
• Provide training and support so they understand the organisation’s bereavement.
• Flexibility is key: build flexible responses and be open to ongoing flexible working provisions.
• Provide information on workplace support and signpost employees to external sources of support.

For help and advice on matters relating to employment law, contact our expert team today.