At this time of the year and with the sudden cold snap, we have received a number of enquiries with regards to employee’s rights in this type of weather.
The first thing employees should do is check whether their employer has an adverse weather policy. If they do, it will likely make adjustments for such plunge in temperatures and potential snow, such as allowing working from home and the necessary notification requirements to the workplace.
If your company does not have a formal policy, and they may well be prepared to make informal decisions based on the weather to try and protect their staff, such as allowing the steps mentioned above in a formal policy, for example working from home if this is possible or perhaps a more casual dress code to allow employees to wear warmer clothes to the workplace.
It is worth considering that the health and safety executive does require minimum temperatures for indoor workplaces. This is 16° in a normal office environment and 13° in an environment that requires more vigorous physical activity such as a warehouse.
If you are unable to go to work, for other reasons, the main one being having a child and their school closing, then your employer is required to give you a reasonable period of dependent leave. Dependant leave is unpaid if applicable.
Ultimately, it is often a case of making a decision based on the specific circumstances. The worst case scenario for an employee should they try to negotiate something informal with their employer, in the absence of an adverse weather policy, is that the employer could face disciplinary sanctions for failing to attend work, but in the current circumstances, it would seem very harsh if an employer were to adopt such a stance.
If you have any more specific questions related to the weather and attendance at work, please contact our employment team who will be happy to advise on the specific circumstances.
Further reading
Employment law and HR package – Oakwood Solicitors
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At this time of the year and with the sudden cold snap, we have received a number of enquiries with regards to employee’s rights in this type of weather. The first thing employees should do is check whether their employer has an adverse weather policy. If they do, it will likely make adjustments for…
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