With the recent run of storms and the issuance of a red weather warning in January, many members are facing this question for the first time. Given the likely effects of climate change, this is unlikely to be the last. As such what can members do when faced with the challenges of bad weather.
Is there a requirement to close?
There is no legal obligation on you as an employer to close for bad weather. However, you do have legal duty to the health and safety of employees whilst at work during bad weather, and whilst travelling for work purposes. Whilst this does not generally include travelling to and from work, there is a moral duty should you require them to attend work. We would not, therefore, advise members ignore warnings of bad weather.
Mutual Agreement
The first, and simplest option is to reach an agreement with your employees around the potential impact of bad weather on staff. As soon as you are aware of the likelihood of bad weather you should consult your employees. Within reason you and your employees can reach any agreement you like.
Lay-Offs And Short Time Working
If you cannot reach an agreement, then if your contract of employment contains a provision that gives you the contractual right to lay off employees or implement short time working then potentially this is one option to consider. You should discuss the matter with your employees and make them aware of the contract clause (if applicable) concerned as far in advance as possible. Where the closure will be one or two days then the process should be relatively simple.
Whether the employee is entitled to pay will depend on the clause, but most clauses will be either unpaid or reduced pay for such a short period (subject to statutory guarantee pay (currently £38 per day) for eligible employees).
Requiring employees to take holiday.
Whether this is an option will depend on how much notice you have of any storms and how much notice is given to employees. Employers can require employees to take holiday, provided employers are given at least twice the period as notice. For example, if you are closing your business for one day, then provided that you give at least 2 days’ notice of days of compulsory holiday then this can be mandated as holiday. Alternatively, if some employees are struggling to get into work due to bad weather then you can exercise discretion if you wish to treat the absence as annual leave if the employee requests this.
If none of the above is possible, then should you choose to close the business due to bad weather then employees will be entitled to full pay.
Bad weather can sometimes lead to school or nursery closures etc disrupting childcare arrangements. In that situation the employee may have the statutory right to time off work without pay (time off work to care for dependants).
As always, this advice is general in nature and will need to be tailored to any one particular situation. As an RMI member you have access to the RMI Legal advice line, as well as a number of industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate.
Motor Industry Legal Services
Motor Industry Legal Services provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only regulated law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.
