Lots of employees were out throwing snow balls and riding toboggans rather than working this week. The snow made it impossible for them to get to work. And since schools were closed too, many parents were forced to stay home – even if they could have made the journey.
Some bosses will be concerned about the absenteeism. The Forum of Private Business estimated this week that companies lose £230 million a day because of snow days.
Clawing this back is difficult. It is not normally possible to dock salaries if staff heed travel advice and stay home. Withholding pay is unlawful – unless a company has specified that it will do so in these circumstances in its employment contracts. It is also impossible to force staff to deduct the days lost from their annual holiday allowance – again unless this is spelt out in the contract. It is rare for contracts to contain a weather clause. Of course staff can agree to losing pay or holiday but attempts to force them to do so will create resentment and possible tribunal claims.
Punishing parents for taking snow days off when schools are closed has other pitfalls, chiefly that it could count as discrimination. All parent employees have right to time off to deal with emergencies with their children under Parental Leave legislation from the EC. This includes school closures. It will count as unfair to dismiss or punish parents for failing to turn up to work when schools are shut and they are unable to find child care at zero notice. But employers are not obliged to pay parents for their forced absence unless the contract says they must.
Docking wages is fatal to good relations with staff. A better idea in the long run is to think up ways, where possible, for staff to work from home and to incentivise good attendance.
Peta Fluendy is employment law consultant at Sutton based De Brett and Co
http://www.debrettlaw.co.uk/
employmentlawconsultant@gmx.com
Tags: absenteeism, employment law, Peta Fluendy, sickies
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