WITH the possibility of more snow forecast in the region for the coming week, employees' travel arrangements and issues around pay in adverse weather conditions have become matters employers should not ignore.

Employers have a duty to safeguard the health and safety of their employees. While this includes ensuring that workplaces and entrances are safe and usable, it would also cover situations where employers press employees into coming to work if this would mean the employee taking risks to do so.

It could be argued that by pressurising an employee to attend work, the employer holds some responsibility if an employee then suffers an accident. Also, by forcing an employee to travel in dangerous conditions, an employer could be breaching the duty of trust and confidence to the employee.

This could result in claims for constructive unfair dismissal. By not paying an employee who is genuinely unable to get to work, an employer could be exerting unreasonable pressure upon them.

It is a difficult question whether employees should be paid for days off due to adverse weather. In general terms, employers do not have the right to withhold pay, subject to limited exceptions. Any unauthorised non-payment will amount to an "unlawful deduction from wages", but only where the wages are "properly payable".

Employees are usually contracted to work the hours set out in their contract of employment. So if employees do not come to work during those hours, then technically they are in breach of contract. Since they have not performed their side of the contract, their right to receive wages does not apply as the wages are not "properly payable".

While it would be unusual to see any express provision in an employee's contract entitling that employee to be paid regardless of whether they have undertaken any work, it is worth checking your staff handbook. However, even if the contract and handbook do not state an entitlement to be paid, if you have consistently paid employees for absences due to adverse weather in the past, then it is possible that this would be implied as a term of their employment contract through custom and practice.

It is possible to exercise your discretion to pay employees who are unable to get to work on a case by case basis. Using this discretion allows you to distinguish between employees who genuinely are not able to come into work because of the weather, from employees who use the weather as a less genuine excuse to stay at home. When exercising such discretion, you should ensure that you act reasonably and consistently.

If an employee has a child whose school has shut without warning, they could be entitled to unpaid time off. However, this right may be limited to making alternative arrangements for the child's care rather than taking time off for as long as the child is away from school.

If employees cannot get to work because of the weather — or because it is dangerous for them to do so — you could consider:

Allowing employees to take days that they cannot get to work as holiday, waiving your usual booking procedures. This may be a workable alternative as it allows employees to be paid, but still ensures that you are not out of pocket. This may not be an option if employees have already used their full holiday entitlement, and also may generate employee resentment;

Allowing, or indeed requesting, employees to work from home if feasible; or

Asking employees to make up the lost time at a later date.

In any case, it is advisable to have a policy in place so that employees know in advance what they should do if they are affected by adverse weather. This would include reporting procedures, whether — and if so in what circumstances — you will be paying employees who fail to attend, and whether you will make allowances for employees who are late getting to work.

Your policy should also state whether you will expect employees to undertake work from home, if this is practical, or if you would allow them to make back lost hours through flexi-time.