How Should an Employer Deal With Transport Strikes and Weather Affecting Employees?

As an employer, you need to think about weather disruption and transport strikes affecting your employees’ ability to get to work. You will likely be affected by this at some point, and possibly more than once. As such, it is beneficial to have a clear process regarding how you deal with this. It is sensible to be flexible during such situations as this is likely to increase staff morale. Also, think practically about alternatives you can offer when your staff are affected by bad weather or public transport strikes. Indeed, planning for these circumstances can add to the overall productivity of your business. Of course, you will also need to consider your legal obligations.

This article will explain how you can deal with transport strikes and bad weather affecting your employees. It will explain what a policy about this may contain, alternatives to your employees coming into the workplace and legal considerations.

Transport Strikes and Disruptive Weather Policy

It is very useful for your business to have a policy that deals with what you expect of your employees where bad weather or transport strikes affect their ability to work. Where you have a policy in place, your staff must follow this. 

A policy could detail the following:

• the effort your staff must make to get into work;
• how not attending the workplace may affect their pay;
• whether non-attendance could be considered a day of annual leave;
• how not attending the workplace may affect other areas of their employment with you;
• whether you expect your staff to use alternative transport methods where one is affected by weather;
• whether you expect your staff to use their own vehicle when public transport strikes occur; 
• the amount of extra time you expect your staff to add to their usual journey to work; 
• how your staff should contact you to let you know that they are affected by transport strikes or weather disruptions;
• whether your staff are obliged to keep you updated as they travel; and 
• any alternative options to coming into the workplace.

Alternatives to Coming Into the Workplace

There will be times when, due to a transport strike or poor weather conditions, your staff are simply unable to make it to work on time or at all. Rather than your staff not working when this occurs, it is helpful to have alternative options in place.

Flexible Working

You may allow your staff some flexibility regarding their regular working hours or work pattern where transport strikes or poor weather affects their ability to work. You may enable them to arrive later than normal or leave later than they usually would. Where this happens, you might ask them to make up the lost time on another day. 

Alternatively, it may make more sense to allow staff to work from another location or from home. However, if you allow home working, you must ensure that their home working conditions comply with health and safety requirements.

Discretionary Schemes

Where your staff cannot get to work, you might not pay them their normal pay. However, you could offer a discretionary payment. A discretionary scheme may be informal or formally written into your staff’s contracts.

Legal Considerations

When dealing with transport strikes and weather disruptions affecting your employees getting to work, you should note some legal points. 

1. Health and Safety

If you allow your staff to work from home as an alternative, you must ensure that any home working environment meets health and safety requirements.

2. Pay

You are not under any legal obligation to pay your employees who cannot get into the workplace. However, you should pay your employees where you:

• have previously done so, and therefore, it is custom and practice for your business;
• close the office due to the weather disruption or transport strike. An exception is if their employment contract states otherwise, or they have agreed differently with you;
• are the person responsible for providing their transport to work and have failed to provide it; or
• usually pay them for their travel to work, such as for carers between clients. 

Where you do withhold their pay, it is sensible to offer an alternative to losing pay. For example, you can regard the day as annual leave, however, you cannot insist that your employee takes this. Also, where you offer them annual leave, you should be aware that there are rules surrounding this.  Any employee not attending the workplace who does not require paying is considered an authorised absence.

3. Fairness

When dealing with employees, you must be fair and consistent. Your business might decide to introduce a policy regarding this. Notably, be careful not to discriminate against employees, such as those with a disability. It may be the case that travelling to work in these conditions is more complex than for other employees.

4. Dismissal

It is not advisable to dismiss your employee if they miss work due to a transport strike. In particular, where your employee has two years’ qualified service with you, this could be considered an unfair dismissal by an employment tribunal.

Key Takeaways

It is sensible to have a policy in place for your business about how you deal with travel strikes and weather disruption affecting your employees coming to the workplace. This allows your staff to know what you expect of them and for you to prepare for such events. There are many points to consider, such as whether you allow your staff flexible working options, how they should contact you when affected, and where you expect them to use other means of transport. 

There are also legal considerations you must note. For example, whilst you are not generally required to pay your staff where they cannot make it into the office, there are circumstances when you are required to pay them. Also, you should not dismiss your staff for not making it to work or being late in these situations, or it is likely to be seen as an unfair dismissal by an employment tribunal. 

If you need help understanding how to deal with transport strikes and weather affecting employees, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page.

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