It’s winter – where do employers stand with difficult weather conditions?

When snow, ice or storms hit, many employers face the same questions about pay, absence and safety. Here we answer the questions we are asked most often about bad weather and the workplace. The rules are the same in Scotland and England.

1. Do I have to pay employees who cannot get to work because of bad weather?

Generally, no. If an employee cannot get to work because of snow or travel disruption, there is no automatic legal right to be paid for that day, because they are not doing the work they are paid for. However, you may have to pay if the employment contract, a policy or an established practice says so.

Strict legal rights are only part of the picture. Paying staff who genuinely tried but could not get in, or offering them the chance to make up the time, can protect morale and your reputation as a fair employer. Whatever you decide, treat employees consistently, and remember that a disabled employee may need a reasonable adjustment, such as working from home, if icy conditions make travel especially difficult for them.

2. Do I need a bad weather policy?

It is not a legal requirement, but it is a good idea. A clear policy tells staff in advance what to do if they cannot get to work, who to contact, whether they will be paid and what options they have, such as working from home or taking holiday. The same policy can cover other disruption outside anyone’s control, such as public transport strikes.

Make sure the policy fits with your absence management procedures, so that weather-related absence is recorded fairly and not treated as misconduct where the employee could not reasonably have got to work.

3. Can I ask employees to work from home?

Many roles can be done from home, and employees who already work from home or on a hybrid basis can usually carry on as normal. For others, take care. If the employment contract does not allow you to require homeworking, insisting on it may be a change to their terms, so it is better to agree it with the employees affected.

You also remain responsible for health and safety when people work from home, so think about whether they have a suitable space and equipment. Employees can also ask for a permanent change through a flexible working request, which has been a day-one right since April 2024.

4. Can employees use annual leave for days they cannot get in?

Yes, if they agree. Many employees prefer to take a day of paid holiday rather than lose a day’s pay, so it is reasonable to offer it. You cannot normally force an employee to take holiday at short notice, though.

Under the Working Time Regulations, an employer who wants to require a worker to take leave must usually give notice of at least twice the length of the leave, unless the contract says something different.

5. Is there a minimum workplace temperature?

There is no fixed legal minimum. The law requires the temperature in indoor workplaces to be reasonable. Health and Safety Executive guidance says it should normally be at least 16 degrees Celsius, or at least 13 degrees Celsius where the work involves rigorous physical effort.

If heating fails during a cold spell, you should take steps to keep staff safe, such as providing temporary heaters, allowing warm clothing or adjusting working hours.

6. If I close the workplace, do I have to pay staff?

Employees who carry on working remotely should be paid as normal. Where you decide to close and employees are ready and willing to work but cannot, they should normally receive their usual pay.

You can only lay staff off without pay if the contract allows it or the employees agree. Even then, employees with enough service may be entitled to statutory guarantee pay, which is a limited daily amount for up to five days in any three-month period.

7. Do I have to give time off when schools and nurseries close?

Yes. Employees have a legal right to a reasonable amount of time off to deal with an emergency involving a dependant, and that includes an unexpected disruption to childcare, such as a school or nursery closing because of snow.

The time off does not have to be paid unless the contract or a policy says so. The employee must tell you as soon as reasonably practicable why they are absent and how long they expect to be off. The right applies from the first day of employment.

If you would like help drafting a bad weather policy or dealing with absence, our advice for employers covers both. You can also book a free 30-minute consultation or call 0141 471 9166.