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Snow in Derbyshire: Will I get paid if the snow stops me getting to work?

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Waking up to snow can be fun for some but stressful for others if they find themselves unable to get to work.

Here, Matt Jenkin, employment partner at Harrison Clark Rickerbys Ltd, gives his advice.

"Whether or not employees are entitled to get paid if they are unable to attend work due to snow and other extreme adverse weather conditions, is probably one of the most frequently asked questions by both employers and employees at this time of year.

"In most circumstances there is no legal right for an employee to be paid by their employer if they are unable to attend work due to snow. However, some employers may have contractual, collective or implied terms and conditions through custom and practice which they provide for payment in these circumstances. 

"As such, an employee would need to check the position with their own employer. There has been some suggestion that this approach could be challenged by the courts and that employees have a right to be paid if the reason for their non-attendance is not their fault. However, and in the absence of any right for payment and no custom and practice of making such payments, it is likely to be difficult for an employee to make a strong legal

"Even if there is no right for payment for an employee unable to attend work due to snow, employers do have the discretion to make such payments and could consider alternative arrangements such as working from home or allowing employees to take the time off as paid holiday on short notice. 

"ACAS in their travel disruption guide suggest that "a more flexible approach to matters such as working and location may be effective if possible. The handling of bad weather and travel disruption can be an opportunity for an employer to enhance staff morale and productivity by the way it is handled."

He added: "Most employers will look at taking a balanced approach and will be concerned that by paying all staff who say they are unable to get to work is not without its risks as it may encourage some employees not to make the effort. As such as well as considering how those who can't make it into work should be paid, many employers will also be concerned to ensure that those who do make it in have their efforts recognised."

For more, visit the company's website here.

Snow in Derbyshire: Will I get paid if the snow stops me getting to work?


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