Snow Update: If your business is open and operational then all employees are expected to come into work

legal updates

If your business is open and operational then all employees are expected to come into work.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

This always causes issues for employers as to how to deal with the absence of staff in these conditions.

Absence from work is paid where it is deemed to be pre booked holiday, or authorised sickness. If your business is open and operational then all employees are expected to come into work. Anyone who fails to come in due to travel disruptions, or having to stay at home because children have been sent home from school will not have the right to demand payment for these days.

It is therefore clear that employees understand this prior to the cold weather setting in, so not to cause issue when the time comes.

If the business is unable to open due to no heating, no electricity, no water etc, then Employers must pay employees for the day’s work, as it is not their fault the workplace is not operational that day. Further notice should be taken that Employer should not open the workplace if you do not have heating or running water as this is a health and safety issue.

Employers can make discretionary payments if they wish, however they are not obligated to. You may ask employees to take the day as part of their holiday entitlement (however this can’t be forced), so they do not lose out on pay, or pay them for the day, marking that the employee owes you x numbers of labour, which can be made up over time.

Employers have the discretion here to be as flexible as they wish to be. We advise that some semblance of a policy is issued out to staff now to avoid any confusion.

If employees are simply later into work then you can either doc payment of that time or ask them to make it up another time.

Employers will need to be flexible with requests to leave work early, especially if employees live some distance from the workplace, or have to leave suddenly due to midday school closures.

Keep record of what requests you grant and the hours which are owed to you, and insure once the weather improves you recoup what you are owed. This might be more beneficial after Christmas than arguing with employees over leaving early, as you must be mindful to balance their rights to flexible terms of working as well.

To surmise,

Impression Communications LtdPutting the motive in automotive

Impression works with businesses across the automotive aftermarket supply chain such as parts suppliers, warehouse distributors, motor factors and independent garages. Covering all aspects of automotive aftermarket marketing, including social media, event management, customer newsletters and PR, Impression is able to quickly establish itself within a client’s business and work towards their objectives.

  1. Put all expectations in writing and distribute to the staff
  2. Be flexible where possible, it will pay off at a later date
  3. Record everything that is agreed, including hours employees will owe you
  4. Communicate with the staff, ask them to communicate with you as much as possible.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

Extension of Redundancy Protection for Pregnancy and New Parents

Explore the strengthened redundancy protections for new parents with significant amendments to maternity, adoption, and shared parental leave rights, effective from April 2024, ensuring enhanced job security during critical family milestones.

Wages increasing from 1 April 2024

With effect from 1 April 2024, the hourly rates of pay are…

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Update on Rights to Flexible Working Requests

Employers will remain entitled to turn down a request pointing to reasonable grounds as a basis for refusal.

Three new employment laws for 2024

The Carers Leave Act, The Neonatal Care (Leave and Pay) Act and The Protection from Redundancy (Pregnancy and Family Leave) Act.

Get in touch

Complete the form to get in touch or via our details below:

01480 455500

Vinpenta House
High Causeway

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.