Do companies have a legal responsibility for staff in bad weather

[Grandad.Malky 11]

You get a small nowt if you can't get to work my friend!

 

That’s why you make hay while the sun shines.

[jaycee331 10]

To switch from the morality to the legal, I write because only recently was I reading an article in the Telegraph about this titled "Snow: If you stay at home, will you get paid? " if you want to have a look.

 

General points seem to be (all assuming your employment contract or employer discretion doesn't make specific provision in these areas):

 

An employer can dock pay if you can't do the work you're being paid for

 

You can be 'told' to do work from home if you can reasonably do so

 

Employee's have the right for unpaid time off for emergencies to do with dependants, anyone who is dependant on you for care. Lot's of mileage their for kids off school needing care, elderly relatives etc.

 

... It doesn't answer everything, such as wanting to leave work early to make sure you can a) get home before midnight b) get home at all c) how much difficulty your expected to endure in order to reach work

 

Think I read somewhere else that you have an obligation to attend work if you are reasonably able to do so, so like many laws it's probably all in the interpretation of what is "reasonable". But surely only so much risk can be posed to the safety and wellfare of your person and property before it is no longer reasonable. More research to do on this.

 

Of course having the law on your side is one thing, and generally you're out of a job if it's gone that far. I doubt you could be sacked for insisting on leaving early for xyz, but as with many employment rights when push comes to shove we use them only at the expense of potential grudgery and being labelled a trouble maker.

[viney40 10]

That’s why you make hay while the sun shines.

 

Nearly Malky, but how often is that? That's why you make sure you get to work in all weathers. If the sun doesn't shine, the bills don't stop coming in.

[Ade65 10]

There are definitely requirements outside that. Bar staff, if having to work late so they miss their transport are legally required to be offered some method of getting home other than walking. A taxi or a lift being the normal options. I don't know if that really applies in the snow though.

 

Are you sure about that being a legal requirement? Any source of this information?

 

The direct.gov website only says 'Your employer might decide to reward you for working antisocial hours (for example, you may get free transport, food or extra pay). You only have a legal right to any of these if your contract says you do, but it's good practice for employers to offer them.' which implies they don't have to get you home.

 

Many employers may make efforts to get late night staff home safely, but it doesn't seem to be a requirement.

Edited January 5, 2010 by Ade65

[viney40 10]

Are you sure about that being a legal requirement? Any source of this information?

 

Don't hold your breath Ade!

[Ade65 10]

Getting back to the original question employers have a duty of care towards their employees. In practical terms they have to look after them and ensure that they come to no harm whilst in their care. This can extend to making sure that they get home safely if by being at work the journey home becomes dangerous. Therefore by insisting that employees stay in the office they become liable for ensuring that they get home okay.

 

Complete non sequitur that. They have the liability to make sure they are safe whilst working - but employers can't be held responsible for people getting to and from work (except perhaps in specialised industries, like oil-rig work).

[LadyInRed 10]

To the OP

 

Empolyment law (dont quote exact words) employers have "duty of care" they can't keep you at work if its not safe.

 

I believe walking in the snow when stupid car drivers are sliding everywhere is not safe, let alone in the dark, its slippy underfoot and very poor visibility.

 

Depends where the other people are from, they can share an opinion about the weather but not about being workshy (the personally dont know you)

 

I have not attended work as I refuse to walk down a rather large hill 3+ miles in the snow to get a tram (which I have no money for) to attend a low paid job and then walk the 3+ miles up the hill in the dark, face catching a cold and / or falling.

[LadyInRed 10]

Why should this person not walk in the dark, whats going to happen ??? will they be attacked by the aboniable snowman? a rampant snowman who throws snowballs at people walking.

 

What if this person falls ????? he gets up and carrys on walking and he just watches his step in future.

 

With the amount of people who cannot get work its disgusting and immoral to be staying at home/or skiving when there are so many desperate for work

 

Have you ever walked alone in the dark when its full of yobs launching snowballs at you or poor visibility??

 

As for taking the mick for falling... what if OP broke a bone... a back injury is not a laughing matter

 

nobody is skiving the work will be there when we go back, you obviously are a manager or supervisor for a company who has no "duty of care" to staff

[pathebladela 10]

agree with you there, i bet the poster is one of these people who will claim against anything if it goes wrong, what a wimp

 

my missus works nights and has been told to walk no excuses ..if no taxis can take her then walk , was even told, (by her superviser)its not far if you come through the woods what d**k head would say that? then walk back if the weather had not improved turns out the roads are passable now but that was not to be known at 6,30 when she rang and said she might not make it things people make you do to get a <removed> badge(sorry )but it made my blood boil by the way my missus is no wimp and loves her job

Edited January 7, 2010 by DaFoot

[remyrobson 10]

NHS has a snow policy, but it's open to interpretation and at managers discretion.

http://docs.google.com/viewer?a=v&q=cache:h3niyMDmqDoJ:www.nhs24.com/content/mediaassets/board/2005-09-29%2520Item%25203.4%2520Adverse%2520Weather%2520Policy%2520App%25201.pdf+nhs+snow+policy&hl=en&gl=uk&sig=AHIEtbTkY83Ay6dPXVd1zM9arhf7uSE21w

[Tony 10]

To the OP

Empolyment law (dont quote exact words) employers have "duty of care" they can't keep you at work if its not safe.

I believe walking in the snow when stupid car drivers are sliding everywhere is not safe, let alone in the dark, its slippy underfoot and very poor visibility.

 

Depends where the other people are from, they can share an opinion about the weather but not about being workshy (the personally dont know you)

 

I have not attended work as I refuse to walk down a rather large hill 3+ miles in the snow to get a tram (which I have no money for) to attend a low paid job and then walk the 3+ miles up the hill in the dark, face catching a cold and / or falling.

 

Work is safe as by your reckoning it's outside that's unsafe.

 

Have you ever walked alone in the dark when its full of yobs launching snowballs at you or poor visibility??

 

As for taking the mick for falling... what if OP broke a bone... a back injury is not a laughing matter

 

nobody is skiving the work will be there when we go back, you obviously are a manager or supervisor for a company who has no "duty of care" to staff

A backbone is needed for that.

 

 

To be fair your employer may use their discretion but there is no legal right for you to not turn up or to go home early, or any responsibility on them to let you.

Edited January 5, 2010 by Tony

[Cyclone 10]

Are you sure about that being a legal requirement? Any source of this information?

 

The direct.gov website only says 'Your employer might decide to reward you for working antisocial hours (for example, you may get free transport, food or extra pay). You only have a legal right to any of these if your contract says you do, but it's good practice for employers to offer them.' which implies they don't have to get you home.

 

Many employers may make efforts to get late night staff home safely, but it doesn't seem to be a requirement.

 

http://www.hmrc.gov.uk/manuals/eimanual/eim21831.htm

 

This refers to it, but it's about whether it's a taxable benefit. It was just something I'd heard, so it's possible that it's wrong.

 

Late night working conditions

 

There are four late working conditions, all of which must be satisfied –

 

 

1. the employee is required to work later than usual and until at least 9pm ( EIM21832);
   
2. this occurs irregularly ( EIM21833); and
   
3. by the time the employee ceases work
   

 

- either public transport has ceased, or

- it would not be reasonable to expect the employee to use public transport (

EIM21834

); and

the transport is by taxi or similar road transport. This condition is not contentious and is not referred to again in this guidance.