We’re being urged to prepare ourselves for disruption over the next few months from adverse weather conditions. Climate change has increased the likelihood of more extreme weather and now there are concerns about the potential impact of El Niño as well. The message is simple and applies to businesses too: if you plan ahead, you’ll be in a better position to cope.
Planning for poor weather
The inevitable range of comments on social media under weather-related posts illustrates there are widely different views of what genuinely adverse weather is! But essentially, from an employer’s perspective, it’s any kind of weather with the potential to create risks to employee and workplace safety. As employers are legally obliged to fulfil their duty of care to employees, it needs to be factored into health and safety management plans.
Start with a risk assessment
So what steps can reasonably be put in place to protect your employees from harm from such weather? One of the best ways to answer that question is by completing a risk assessment. It will provide you with a structured process to identify the main problem scenarios relating to extreme weather. A risk assessment will help you consider both the likelihood and level of impact on employees and your business.
Think through the different hazards that could arise from various conditions. Many of them will be associated with employees travelling to and from work: icy roads and pavements creating slipping and skidding risks for example, high winds leading to flying debris, and torrential rain leading to flooding and poor visibility driving. But some will relate to the working activities themselves.
Pay specific attention to the needs of any vulnerable employees who might require additional support. For example, some employees might have health issues that need certain reasonable adjustments to be made.
Addressing the risks
Once you know the risks, you can consider how best to mitigate them.
What kind of flexibility can you offer?
As mentioned above, one of the most obvious concerns is employees needing to travel to and from their workplace. So consider what options you have to reduce this risk.
Depending on the type of business you have, it might be possible for everyone to work remotely for a few days if official warnings are advising against all but essential travel. You could also allow employees to temporarily change their hours of work. That would enable them to travel when the weather has eased, or before it deteriorates further.
Other options could include rearranging shifts and temporarily suspending any non-essential work. If employees usually work some days at your premises and some remotely, you could consider switching those around. You might want to consider allowing employees to work their hours flexibly, so they can make up for lost time outside their usual working pattern.
If employees are in critical roles for which they need to be physically present, you could also consider whether you can provide accommodation near the workplace or assist with alternative travel options. Or perhaps they can swap shifts with another employee who lives closer to your premises.
Ultimately if your workplace is open but an employee can’t safely get there, legally you don’t have to pay them. But bear in mind the impact this could have on the employee. Finding ways to enable them to work their hours is likely in most cases to be better for everyone.
What are the options for taking leave?
Taking leave, in the form of a paid or unpaid day off, is another alternative. All employees have the right to unpaid leave in the event of an emergency situation where they need to care for a dependent: for example, if there’s a school closure or if they need to look after a relative if a carer can’t travel to them.
Employees can also choose to take a paid holiday. If weather disruption is forecast, you can potentially tell employees they must take holiday to cover it. But make sure you give sufficient notice periods. Where employees have already used all their entitlement, you could consider letting them use holiday from next year. This is only a possibilty however if they contractually have more than the statutory amount of 5.6 weeks.
If you close your premises and there isn’t an option for employees to work from home, in most instances, unless you have a specific contractual clause saying otherwise, you’ll still be legally required to pay them.
Creating an adverse weather policy
Once you’ve identified potential options, put them into a policy or procedure that’s communicated in advance to employees. That way they’ll be able to make informed decisions in the event of severe weather and know their potential working options.
Include information on reporting processes too. Who should employees contact – their line manager or another nominated individual potentially? How will you keep in touch with them with updates and to confirm any specific arrangements? Make sure that responsibilities around communications during extreme weather are clear. Also include any emergency procedures and safety protocols and ensure rules relating to pay and leave are explained.
Once you’ve created a risk assessment, remember it will need to be reviewed regularly to keep it up to date.
Do you need support with your policies and procedures?
You can’t plan for every extreme weather scenario. But if you don’t have anything in place then now is the time to address that. As HR experts, we can provide you with a range of key policies and procedures and support you with the creation of bespoke ones. Please get in touch with us if you’d like to know more.
