Hart Brown explains the legal rights of employees in relation to travel disruption

With winter weather just around the corner and the recent tube and rail strikes, Jane Crosby, from law firm Hart Brown, looks at employees’ rights, and advises employers to formulate a clear strategy for dealing with travel disruptions.

 

Am I entitled to be paid if I can’t get into work due to snow and transportation difficulties?

The responsibility is on you to attend work. Generally there is no legal right entitling you to be paid by your employer if you are unable to attend work because of transportation problems such as tube strikes and in certain circumstances it can be treated as an unauthorised absence.  While alternative travel arrangements such as travelling by car may be possible for some people, this may not be an option for employees who have a disability and employers need to be careful how they administer adverse weather policies in order not to risk discrimination issues.

However, some employers may have contractual, collective or custom and practice arrangements in place relating to pay in such situations so you should also consider whether you would be entitled to be paid in accordance with any of these.

My employer closed the office due to the weather conditions? Am I entitled to be paid?

Generally you would be entitled to be paid if your employer closes the office. If your employer makes a deduction from your pay you would have the right to bring a claim for unauthorised deduction of wages and/or breach of contract to recover the sums owed.

One of the exceptions to this is if you agree otherwise or your employment contract has a clause entitling your employer to lay you off without pay. There are complex rules which apply to such clauses and since you may be entitled to pay at a specified rate you should take legal advice.

What are the alternatives?

You should check to see whether your employer has a policy to cover adverse weather. Where your usual means of transport is out of action you should explore other ways of getting into work. It is important that you don’t feel under pressure to risk your safety.

A flexible approach is likely to be the most effective way of dealing with bad weather and travel disruption and you could discuss with your employer the possibility of working from home, travelling to the nearest office, being paid but making the time up at a later date or taking the time off as paid annual leave or as unpaid time off to care for dependants.

Can my employer force me to take the time off as holiday?

Your employer cannot force you to take the time off as holiday without your agreement unless your employment contract contains an express right entitling it to do so.

My child’s school is closed and therefore I cannot attend work. What are my rights?

A parent of a child has the right to take a reasonable amount of time off where it is necessary to deal with the unexpected disruption, termination or breakdown of arrangements to care for the child. You should check with your employer to see what their approach is, but usually you will not be entitled to be paid for this day. You are however protected from suffering any detriment for taking the time off.

You must, however, tell your employer of the reason for your absence as soon as reasonably practical and how long you expect to be away from work.

What is the minimum temperature that an office should be?

Health and safety regulations state that an indoor workroom, such as an office, should provide reasonable comfort without the need for special clothing and normally be at least 16 degrees Celsius.

For employees, this winter is likely to see more travel disruptions, but by employers having a clear adverse weather policy in place and the ability to allow employees to work from home or from an alternative workplace, this may help alleviate the recent misery for commuters.

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Jane Crosby

Partner, Dispute Resolution

Jane is an employment and commercial litigation solicitor of more than 15 years' experience. Prior to entering the legal profession, Jane was employed in the...

Partner, Dispute Resolution

Jane Crosby

Jane is an employment and commercial litigation solicitor of more than 15 years' experience.

Prior to entering the legal profession, Jane was employed in the aviation industry. This experience is appreciated by many of Jane's clients who note that she is able to take a commercial and pragmatic approach to any legal issue that they face.

Jane acts for a wide range of individuals and businesses and her areas of specialism include aviation, property related industries and IT. Jane regularly advises on aspects of employment law, such as settlement agreements, employment contracts, policies and procedures, redundancies, equal pay, data protection, issues arising from TUPE and reorganisations, the calculation of holiday pay, bonus and commission payments, disciplinary and grievance issues, dismissal and termination issues, the protection of confidential information and the enforcement of restrictive covenants. Jane gets involved in GDPR training for her clients and she is able to deliver tailored employment law training sessions upon request.

As a commercial litigation lawyer, Jane also deals in shareholder and directors disputes, commercial contract disputes and the enforcement of restrictive covenants.

Jane has been involved in successful high value commercial litigation for clients in the High Courts, she is an accredited mediator and she is a member of the Employment Lawyers Association.

Jane is often asked to write for a number of well known publications, including The Daily Mail, The Telegraph and The Week and she has been interviewed on BBC Radio 4.

Here is small selection of the feedback that Jane has received:

“Jane, I cannot sincerely thank you enough for your wise counsel and am delighted to have made your acquaintance. If I am blessed with a new position somewhere I will hand over my contract in the first instance to you. Likewise, any of my friends, peers, romans and countrymen wanting advice, I will point them in your direction.”

“Jane, you have been most resilient on my behalf for which I sincerely thank you for all your endeavours. I have a tremendous working relationship with Hart Brown and you have undoubtedly compounded this further."

“I appreciated the clarity of advice given at a stressful time”.

“A sensitive and highly professional approach and efficient work in the interests of the client”.

“Your advice, conduct and assistance have been indeed outstanding and very professional but also – and most importantly – very humane”.

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Hart Brown Solicitors is the trading name of Hart Brown LLP registered in England and Wales No. OC 425835 whose registered office is Resolution House, Riverview, Walnut Tree Close, Guildford, GU1 4UX and is authorised and regulated by the Solicitors Regulation Authority (SRA) No. 658593. Members: N Maud, T Pearce, D Knapp, R Campbell and P Grimwood, Partners: J Crosby, L Harrhy, J Jupp, J Lamont, T Mandelli, V McMurtrie, E Moore, S Osborne, S Powell and G Sanders.

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