Q&A: Snow chaos and your rights

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Looking after your children may well cost you annual leave.

Heavy snow and ice are causing problems on the roads, railways and at airports, as hundreds of schools close.

So what are your rights if you couldn't get into work or if you are an employer and your staff couldn't make it in?

Richard Nicolle, partner in Denton Wilde Sapte's employment practice, looks at some of the issues.

Q. I couldn't get to work because of the snow. Can my boss dock my pay?

Very few jobs - except perhaps some of those in industries such as construction - have a clause written into their contract saying that if employees cannot get in to work because of weather they lose a day's pay.

Employees have statutory protection against an unauthorised deduction being made from their wages, so if the employer has no contractual right to deduct pay and if the employee does not consent, deducting pay would be potentially subject to legal challenge.

In any event, given the widespread disruption in many parts of the country and travel warnings not to make non-essential journeys, it is unlikely that many managers would take this step.

Q. My child's school has closed because of the weather and there is nobody to look after them at such short notice. What are the implications at work?

This is an issue which is really going to come to the fore in the coming days.

Employees have the right to unpaid time off to deal with emergency situations regarding their dependents but this would not normally apply to a situation where the employee was required to look after their children as a result of not having any childcare arrangements.

However, it is arguable that a situation where school closures were announced in the morning would be seen as constituting an emergency situation and employees would be entitled to statutory protection for taking the day off.

Strictly, the day would be unpaid but not all employers would take this approach.

Many employers are likely to take the view that a day off in these circumstances should constitute holiday.

It is important that employers adopt a consistent approach and as far as possible provide advanced warning to employees of the approach which will apply.

Q. I am a manager and am concerned that staff might be taking advantage of the weather to have a day or two away from work instead of trying to get in. Any advice?

You need to be clear, consistent and transparent. Tell your staff what your policy is.

While the initial blizzard conditions may have made travel to work almost impossible, you may judge that the weather and transport links have improved sufficiently so that staff could get in to work.

Many people battled the weather to get to work

Theoretically, an employer might contemplate disciplinary action if they felt somebody was able to work but had chosen not to.

But given this would involve complying with the minimum statutory disciplinary procedure and ensuring consistency between employees it is doubtful that many employers would want to devote time and resources to investigating the circumstances of individual workers.

Another option would be to deduct pay but this is likely to be seen as unduly draconian.

The most likely option is to require employees to take a day's leave as part of their holiday entitlement.

If you decide that any further days off will be deducted from an employees annual leave, you should communicate this to staff.

You may well find that once this has been sent out (including by phone or text message if people are away from the office) that people start finding ways and means to get in.

Alternatively, you could look at making arrangements for people to work from home but clearly in many jobs this just isn't practical.

Q. Anything else for bosses to bear in mind?

Bear in mind there is a potential health and safety implication. If authorities are telling people to stay at home unless their journey is essential then, potentially, you may not want to put too much pressure on people to return to work.

Employers have a duty of care to their employees and a potential liability may exist if employees were pressurised into travelling by car or foot when conditions were dangerous.

Employers should therefore take a balanced approach between encouraging employees to make all reasonable efforts to get to work and forcing them into a situation where they feel they have no alternative but to travel to work or risk facing possible disciplinary action.

Q. I battled in to work - even though it was difficult. Many of my colleagues didn't bother and I feel a bit aggrieved. Should I be entitled to get a day's leave in lieu?

I'm afraid not. These sorts of situations can lead to resentment among workers - especially as those who are able to make it (or in some cases, those who choose to make it) may have to work especially hard to cover those who are absent.

But while there may not be any financial reward, the chances are your efforts won't go unnoticed.

Clearly your colleagues are likely to have different circumstances than your own - so perhaps try to give them the benefit of the doubt rather than assume they have been skiving.