What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Non-attendance At Work Due To Bad Weather

It is that time of year in the UK where storms are given names, weather forecasters dish out ‘Yellow’ and ‘Amber’ warnings on a sometimes weekly basis, and much of the country is braced for snow. But what happens in the workplace when we have bad weather. Here are some frequently asked questions and our answers to them:

Do employees have to attend work in bad weather?

An employee’s obligation to attend work remains in place during bad weather unless their contract states otherwise. However, employers should take a pragmatic approach where travel is genuinely unsafe or impossible. Employers also retain a duty of care and should not encourage attendance where doing so would put employees at a health and safety risk.

Under Employment Rights Act 1996, a worker has the right not to be subject to a detriment for leaving or refusing to attend a workplace, or taking steps to protect themselves in circumstances of danger which the worker reasonably believes to be serious or imminent. This could cover travelling to work if the worker feels it would be dangerous to do so.

Do you have to pay employees if they inform you that they are staying at home due to bad weather?

Generally, no. If the employee chooses not to attend work and cannot perform their duties remotely, this is usually treated as unpaid leave. That said, many employers exercise discretion by allowing homeworking, annual leave, time off in lieu, or paid leave to maintain employee relations and consistency.

What happens if schools close and employees are faced with childcare difficulties?

Employees are entitled to a reasonable amount of unpaid time off to deal with unexpected childcare emergencies, such as sudden school closures. This is intended to allow employees to make alternative arrangements rather than provide ongoing childcare. An employer’s policy may provide for such time off to be paid, but this is not a legal entitlement. Employers may also agree to temporary homeworking or the use of annual leave as alternatives where appropriate.

What if employees can make it into work but the weather means the workplace is shut?

If the employer closes the workplace and the employee is ready and willing to work, the default position is that pay should continue, unless the contract expressly allows otherwise (for example, via a lay-off or short-time working clause). Employers should also consider whether work can be carried out remotely and ensure decisions are applied consistently to minimise employee relations and legal risk.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.