Navigating the storm and work-related disruption caused by winter weather

If you are standing in any type of queue or speaking to someone new then bad weather is always a good conversation starter, so it is worth discussing the havoc it can cause to our working lives.

It is that time of year when winter takes a freezing grip on the country, bringing with it the inevitable sub-zero temperatures and snowstorms.

And what can be a heated debate about whether employees should have to brave the elements to get to work in atrocious conditions, is once again a hot topic.

Already this year snow, ice, floods and storms have led to a range of multi-coloured weather warnings being issued on what now feels like a fairly regular basis (1)[Cited 15.1.24] 

Inclement winter weather can make the commute to work treacherous and in some cases impossible.

An employee has a legal right to refuse to work if they believe that their health and safety is at risk due to bad weather.

Section 44 of the Employment Rights Act 1996 means a worker could stay at home if there is a genuine and imminent danger which they could not be expected to avoid (2)[cited 15.1.24] 

But it does not mean an employee can automatically stay at home without first informing their employer. They should always try to make contact with the employer and explain the situation, otherwise they could face consequences.

Employers have a legal duty to ensure the health and safety of their employees, both at the workplace and on their way to and from work. It means they should assess the risks of bad weather and take reasonable steps to prevent or reduce them.

Employers have the right to expect their employees to make reasonable efforts to come to work unless it is unsafe or impractical to do so.

In recent weeks both businesses and employees have had to deal with the widespread disruption caused by extreme weather conditions. And it is likely to be a problem they will face again in the coming weeks, along with many other employers.

At the start of the year Storm Henk brought damaging winds and heavy rain to southern and central parts of England and Wales. It caused power outages and severe disruption to road and rail transport and flooding (3)[cited15.1.24] 

Many trains were delayed, diverted or cancelled and several rail companies advised people not to travel as fallen trees and power failures affected the network. Almost 300 flood warnings were issued for England, with others in Wales and Scotland

At the start of this week winds from the Arctic were predicted to bring some very cold weather and some widespread frosts with temperatures as low as -10C (14F) in rural parts of the UK.

The Met Office issued yellow weather warnings for snow and ice in northern Scotland and Northern Ireland, with snow said to be possible elsewhere too (4)[cited15.1.24] 

Regardless as to what you believe is to blame for the extreme and unprecedented weather conditions that we are seeing, what is certain is that terrible weather  will continue to cause serious problems for employers and employees alike.

But what are the rights and responsibilities of both parties when it comes to working in bad weather?

Employees' rights and responsibilities

If an employee believes it is unsafe to travel to work or carry out their duties as a result of the weather, they should inform their employer first and discuss the situation.

Most businesses should now have contingency plans and procedures in place to deal with weather disruption.

It can mean staff may be entitled to paid or unpaid leave, depending on their contract and the policies of their employer.

Some employers may offer flexible working arrangements, such as working from home, changing shifts, or making up the lost time later. Others may require employees to take annual leave, or a pay cut for the missed hours.

It is essential that employees adhere to any instructions and procedures their employer has in place regarding bad weather.

Workers can also take individual responsibility and keep themselves up to date with the weather forecast and the travel conditions, and plan ahead accordingly.

Employers' rights and responsibilities

In accordance with the Health and Safety at Work Act all employers generally have a duty of care to their workforce (5) [cited 15.1.24] 

The impact of adverse weather conditions should be included in normal risk assessments. For example, it could include circumstances in which it is not safe to open the workplace, emergency plans for if the weather worsens during the working day and cover the risks associated with requiring staff to attend work in dangerous conditions.

It is not unexpected that extreme weather will play havoc with working operations and arrangements at some stage during the year. So, an employer should communicate clearly and consistently with its employees about its expectations and the options available to them in case of bad weather.

Businesses should have a recognised, fair and consistent policy in place to deal with weather-related problems and it should be applied equally to all workers.

Flexibility and understanding of individual circumstances is also essential, in order to help an employer avoid making any decisions that could be seen as discriminatory or unfair.

Ways to work around bad weather

Preparation and good communication are key in both employers and employees overcoming problems caused by the weather.

Plan ahead and be prepared. Checking the weather forecast regularly is the best way to plan ahead and ensure an effective back-up plan can be put in place. The Met Office can provide warnings up to seven days in advance for rain, thunderstorms, wind, snow, ice and even extreme heat.

Another way to avoid disruption is for employer’s to utilise technology and allow employees to work from home where possible. We saw during the pandemic that working from home can be effective and productive for workers in many different sectors. Expectations, goals, and methods of communication for remote working should be discussed and made clear.

Businesses should be flexible and adaptable. Employees and employers should be willing to compromise and find solutions that work for both parties. They should also be supportive and respectful of each other, and appreciate the challenges and difficulties that bad weather can cause.

The Health and Safety Executive provide advice for employers who require workers to perform their duties outdoors in cold weather, it includes (6) [cited 15.1.24] 

• Ensure the personal protective equipment issued is appropriate
• Provide mobile facilities for warming up, and soup or hot drinks
• Introduce more frequent rest breaks
• Consider delaying the work until warmer times of the year without compromising on safety
• Make sure workers can recognise the early symptoms of cold stress, such as a cough or body aches

In summary

Bad winter weather can cause major travel disruption and affect the productivity and well-being of both employers and employees. The key is for both parties to work together to avoid or minimise the impact of such disruption

An employer should have a clear policy in place that details what its staff should do when bad weather causes problems getting to work. The policy should include how the employer will communicate with staff, arrange cover for essential work, support hybrid or remote working and deal with pay and leave issues.

Employees should check their employer’s policy and follow any instructions provided. Employees will generally be aware of work-related problems they can face as a result of bad weather. If a policy is not in place, they should raise and discuss the particular problems they face with a manager or supervisor.