Should employers pay staff for "Snow" Day

emweaver

We had heavy snowfall here last week, there was no buses running so dh couldnt get to work. It was so deep even supermarkets werent open etc. Nobody got to work at all for 2 days there. the third day dh had to walk 3 miles to the bus as they werent coming into our town as the roads were too bad. When he got to work his boss declined everyone taking it as a holiday and said they were all going unpaid! Which I think is unfair as it doesnt affect him wether he pays them holiday now or in a few weeks / months time! The tuesday of last week when it started snowing he sent everyone home and said take it as half day holiday, didnt pay them for holiday though!

We had more snow yesterday so everyone had 1 day off again as no transport etc. I think its totally unfair, they get paid weekly, this week we got just over half a weeks wage which doesnt cover our bills.


I dont expect them to pay him for not turning up but think its totally unfair for them to now allow people to use it as a holiday which they always have done in the past 7 years hes been there

emweaver

3plus1 wrote: »

Taxi? Public transport isn't the only means of transport.

Getting to work is your responsibility, not your employer's.

Btw, I don't drive either. But I don't see why that's my employer's problem. As for the snow day - those at my work who chose not to come in or left early, either took the time as a holiday, made up the hours today or intend to make up the hours over the rest of this week.

If there are no buses its highly unlikely there are no taxis either, or that was the case here. Also the cost of a taxi would probably equal the same as a days pay is some cases, well it would of been for us as its about 20 miles each way for dh

speedbird1973

lifesizedoll wrote: »

Also employees are entitled to be paid if they are ready and willing to work but their employer has not provided them with any work to do, unless your employment contract says otherwise. All this information is on the citizens advice website.

This is just wrong, plain and simple. Your employer can't force you to take a days annual leave, however if the office (for example) is shut then they don't have to pay you. As has been said before it's the fundimental point of your contract that you get paid to work, if you don't get work you don't have to be paid. If the office is closed because of the weather, it's not your fault. But it's not the fault of your employer either. A few of the teachers I know were now being told that they wouldn't be paid for time off unless they made a formal arrangement to make the time up.

By having an employment contract you agree to get paid in exchange for your labour. If that doesn't happen for ANY REASON AT ALL, then the contract is not being fulfilled.

speedbird1973

emweaver wrote: »

If there are no buses its highly unlikely there are no taxis either, or that was the case here. Also the cost of a taxi would probably equal the same as a days pay is some cases, well it would of been for us as its about 20 miles each way for dh

This isn't your employers problem. It's your responsibility to get into work, not theirs to get you there. If it's going to cost you a days pay to get to work, take it as leave or unpaid. If the weather is paid they don't have to pay you - but they do have to give you emergency unpaid leave.

lifesizedoll

speedbird1973 wrote: »

This is just wrong, plain and simple. Your employer can't force you to take a days annual leave, however if the office (for example) is shut then they don't have to pay you.

Yes but your contract will state how many hours a week and at what rate. This contract entitles you to that money each week as long as you can go in for your job. Unless it is bank work your employer cannot keep picking and choosing which days you can go in, or else how would anyone pay their bills if normally they work a 40hr week and then the next week their boss only wants them to go in for 8hrs etc. This is why there is a law in place if you do have a contract.

speedbird1973

lifesizedoll wrote: »

Yes but your contract will state how many hours a week and at what rate. This contract entitles you to that money each week as long as you can go in for your job. Unless it is bank work your employer cannot keep picking and choosing which days you can go in, or else how would anyone pay their bills if normally they work a 40hr week and then the next week their boss only wants them to go in for 8hrs etc. This is why there is a law in place if you do have a contract.

It's not that cut and dry (or wet!). If you have a contract that states "you work 40 hours a week" then they can insist you make the time up - even if it's over a period of weeks. I guess the issue may be trickier where an employee is simply on a salary - again the time can be made up in lieu.

Basically the standpoint is - unless your contract/formal company policy (in my case) says otherwise, the employer is not responsible for the weather. The bottom line is, whatever the circumstances. You don't work you don't get paid. As another example, even if you employer is negligent and you are injured at work. You're not going to get full pay. You'll be able to claim that back, so you won't be out of pocket! Howvever, there's no obligation to be paid your wage.

speedbird1973

Just had a Friday afternoon mooch!!

If you the office is closed (or other workplace!) then you are being "Laid off". In the circumstances the previous poster suggested (ie 40hr contract) the time can be made up. However if the conteact is even more explicit (ie mon to fri 9-5) then you could be entitled to your pay as usual. UNLESS their is a "lay off" clause in the contract which makes it ok.

In terms of the office being open and employees not getting in. no grey area at all. Unpaid leave. Anything else is a bonus.

lifesizedoll

No the point is, they could go it was the boss who had closed the office, they were fit and healthy to do the job. No the employer is not responisble for the weather, and neither is the employee. But yes he could make them make the time up, but only if he had given them sufficient notice, and not by telling them monday morning, when they had to be in. It's just like if you decided one morning you didn't want to go in, if you rang your boss and said this, then you would probably get a warning as you have a contract that you will work and if you cannot do this then you have to give a least a week's notice to resign. It work's both ways for the employer and employee.

speedbird1973

I just did some googling and found some HR websites. Please do the same.

It does not work both ways. As I've said until I'm blue the employment contract works on the basis that you get paid to do a job. The fact that you are not doing that job if the office closes means you're being "Laid off" It's not like saying "I'm not coming in". If the office closed because the boss couldn't be bothered to come in you'd have a point. If the office is closed for the weather I'm afraid you're talking rubbish. An employer is within their rights to reschedule your time. If they don't, or your contract isn't very good (ie fixes your hours AND doesn't have a lay off clause) then you have a case for full pay (the wisdom of that is a point I've deliberatly ignored, it's relevant practically, but not to the debate). However it depends on the contract. It has to be inflexible in terms of hours and it needs to NOT have a lay off clause (if it does have such clause then that is the determining factor).

I've done my research - turns out what I thought was the case wasn't quite the case! However I'm now dealing with fact. So please have the decency to do your research rather than spouting your incorrect assumptions!

This little part of employment law is loaded heavily in favour the the employer (and rightly so in my opinion)

lifesizedoll

speedbird1973 wrote: »

So please have the decency to do your research rather than spouting your incorrect assumptions!

I was not spouting off my opinions actually I was stating what I had found out myself, and stated where I had found this information out. I am not wanting to argue with anyone, I just wanted to give some information on what I had found out!