I can’t get in to work! - What are my rights?

If you work and can not get into work because of the weather what rights do you have?

Snow, Bad Weather and Work: Do Employees Still Get Paid?

Snow, storms, flooding and severe travel disruption can make it difficult or impossible for employees to get to work. This can raise practical questions for both employees and employers, including whether staff must travel, whether they will be paid and what happens if schools close unexpectedly.

If an Employee Cannot Get to Work

Employees are generally expected to make reasonable efforts to get to work. However, they should not put themselves at serious risk where travel is unsafe or official advice warns against unnecessary journeys.

If an employee cannot get to work or expects to be late because of bad weather or transport disruption, they should contact their employer as soon as possible. They should explain the situation, keep the employer updated and discuss practical alternatives.

Will the Employee Be Paid?

There is no automatic legal right to be paid if an employee cannot get to work because of bad weather or travel disruption. If the employee is not working and the contract does not provide for payment in these circumstances, the employer may be entitled to treat the time as unpaid.

Some employers have bad weather, travel disruption or a special leave policy. Others may agree to pay staff, allow home working, permit the employee to make up the time, approve annual leave or treat the absence as authorised unpaid leave.

If the Workplace Is Closed

The position is different if the employer closes the workplace and the employee is ready, willing and available to work. In most cases, the employee should still be paid unless the contract gives the employer a lawful right not to pay or to place the employee on unpaid lay-off.

An employer may ask staff to work from home, work from another site, carry out different duties or attend remotely if this is reasonable and permitted by the contract or normal working arrangements.

Working from Home During Bad Weather

Where the job can be done from home, working remotely may be the simplest solution. Employees should not assume they can work from home without permission unless this is already allowed under their contract, policy or normal working pattern.

Employers should consider whether home working is practical, whether the employee has the right equipment, whether data protection requirements can be met and whether the arrangement is temporary or part of a wider flexible working pattern.

Using Annual Leave

An employee may ask to take annual leave if they cannot travel to work. The employer can agree, but does not always have to.

If an employer wants to require an employee to take annual leave, it must usually give notice that is at least twice the length of the leave being required, unless the contract or workforce agreement says something different. For one day of annual leave, this would usually mean two days' notice.

School Closures and Childcare Emergencies

Bad weather can also lead to school closures or nursery closures. Employees have a statutory right to take a reasonable amount of time off to deal with an emergency involving a dependant, including unexpected disruption to childcare arrangements.

This right is normally unpaid unless the contract or workplace policy provides for paid leave. The purpose of the time off is usually to deal with the immediate emergency and arrange alternative care, rather than to provide open-ended time away from work.

Employer Duties and Safety

Employers have health and safety duties towards staff. They should not pressure employees to take unreasonable risks to report to work during severe weather, particularly when official warnings are in effect or travel conditions are dangerous.

Employers should consider practical steps such as flexible start times, temporary home working, shift swaps, use of annual leave, unpaid authorised absence or adjusted duties. A clear severe weather policy can help avoid disputes.

Unauthorised Absence

If an employee fails to attend work and does not contact the employer, the absence may be treated as unauthorised. This could lead to loss of pay or disciplinary action, depending on the circumstances and the employer's policies.

However, employers should still act reasonably. They should consider whether there was a genuine reason for the absence, whether communication was possible, whether the employee has a good attendance record and whether the weather or transport disruption was severe.

Advice for Employees

Employees should check their contract, staff handbook and workplace policies to see what they say about bad weather, travel disruption, home working, annual leave and unpaid leave.

If travel is unsafe or impossible, employees should contact their employer early, explain the position and suggest practical options. They should keep evidence where helpful, such as transport cancellation notices, school closure messages or weather warnings.

Advice for Employers

Employers should have a clear policy explaining what happens during bad weather or travel disruption. The policy should cover pay, home working, reporting absences, annual leave, unpaid leave, school closures, and workplace closures.

Decisions should be applied consistently to avoid grievances or discrimination concerns. Employers should be especially careful where disabled employees, pregnant employees, carers or those with childcare responsibilities are affected.

When Legal Advice May Be Needed

Legal advice may be needed where there is a dispute about pay, unauthorised absence, disciplinary action, annual leave, flexible working, health and safety, discrimination or repeated weather-related absence.

An employment solicitor can advise employees and employers on contractual rights, workplace policies, deductions from wages, disciplinary issues and the safest way to deal with severe weather disruption.

Current Position

Employees are not automatically entitled to pay if they cannot get to work because of snow, bad weather or travel disruption. The position depends on the employment contract, workplace policy, whether the employee can work, whether the workplace is open and what arrangements are agreed with the employer.

The best approach is early communication. Employees should contact their employer as soon as possible, and employers should consider reasonable options before treating the absence as unpaid or unauthorised.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Employment law and workplace policies can change, and how the law applies will depend on the facts of each case.

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