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Do companies have a legal responsibility for staff in bad weather

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A section on health and safety in the workplace, and some information on employers duty of care in the workplace but nothing relating to getting to and from the workplace (altho I did only skim read)

 

i dont think there is anything word for word in it but if a business insists on a staff members coming into work when the staff or outside agencies have made the business aware that they feel this would be dangerous the company would possibly be liable if anything happened and likewise if they kept you in work if they knew by doing so would put you at danger trying to get home. Basically by the action the employer takes by doing either of the above means they have effectively have risk assesed the situation and come to the conclusion that it is safe to ask either of the above of their staff, so if their decision to do so is wrong and does put the staff member in a situation where they have an injury then they could be liable. hope this makes sense

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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).

 

In 97 I had 35 people working for me, some casual, some contracted, and the rest subbys. Now I have a core team of seven. From back then to today there has been no change in contracts covering P4 in terms over bad weather.

 

It is down to the main contractor or employers discretion.

I have always, and remain to be fair in these circumstances.

 

My contracts with employees cover safety at work. Not the travelling to and from work.

 

If I feel that if anybody under my employment will be at risk through travelling to work in adverse conditions, I will advise them to stay at home.

 

That is how I choose to run my business, and it has stood the test of time.

 

Respect your staff, and they will respect you.

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If I say come to work and you slip and hurt yourself en-route it has got nothing to do with me and no court would uphold claiming anything of the sort.

 

No-one can force you to work ... you make your own decision whether to go in, go home or whatever.

 

What I (the hypothetical employer) can do, is choose whether or not to sack you or take some disciplinary measure against you if you are not at work.

 

Should this reach an unfair dismissal hearing or a with-holding of pay claim ... that is when adverse weather conditions may be considered (or not) as a mitigating factor in favour of the employee.

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The people at my place of work commute from not just South Yorkshire but Leeds, Hull, Manchester, Liverpool and even North Wales! Many people left work of their own accord, without asking, once the snow got bad. The fact that they'd made the effort to come in was enough - none of them will lose a day's pay or annual leave. As it was, the place shut at 2.30 anyway, so all employees could get home in daylight. We figure the welfare and safety of our employees outweighs work or productivity concerns.

Edited by Yog Sothoth

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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.

 

The EIM2' reg's are none sustainable in in all working environments. i.e. leaving work after dark, or pre-formal work part 2.4, P4.

 

The decisions, in most instances are down to the employer or main contractor as to cessation of work under extreme circumstances.

 

Contracts, main or sub, cover working hours, not travel to and from location of employment.

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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.

 

On that, you are wrong - that is entirely about the tax position, which is all hmrc is concerned with. There's nothing there that says an employer has to get you home safely at any time, or provide taxis if the buses have stopped etc. - it's solely about the tax position.

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well, that would explain why I can't find anything official about it.

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An employers obligation to safety begins when you step on the premises and end when you step off. That's it. No more. Now go to work.

 

 

(yea yea, I know about the exceptions for business travel and site workers, don't be pedantic ;))

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An employers obligation to safety begins when you step on the premises and end when you step off. That's it. No more. Now go to work.

 

 

(yea yea, I know about the exceptions for business travel and site workers, don't be pedantic ;))

 

What about uniformed workers?

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What about them? I haven't noticed any police, ambulances, firefighters, etc not working en-masse because of the snow so I guess your comment proves the wider point.

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What about them? I haven't noticed any police, ambulances, firefighters, etc not working en-masse because of the snow so I guess your comment proves the wider point.

 

I have been told if you wear a uniform for work, then you have more rights surrounding this.

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Our company said people who could,nt get in yesterday because of the weather should phone the sick line as no one was been given emergency holidays. Production all had to do a full shift but office staff went at 4 oclock even thou management knew buses had stop running.Where is the good will and human spirit gone

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