Should Snow Stop Pay? Pitmans Employment Discuss

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Should Snow Stop Pay?

December 6th, 2010

Not only is the snow an immediate concern, but it looks as though we are going to have to get used to dealing with it every year for the foreseeable future. So it is worth planning to manage absence due to extreme weather conditions by making it part of your Employment Policies and Procedures as it can reduce costs and improve efficiency.

The Legal Position:

The legal position is that if your business has stayed open despite the snow then it is your employees’ responsibility to get to work. If they don’t turn in for work due to the snow (and therefore don’t provide work in return for pay) then, unless it says differently in their contract of employment or you have implied otherwise in practise, you don’t have to pay them.

If you don’t pay your employees when they are entitled to be paid they can make a claim to a tribunal on grounds of ‘unlawful deduction from wages’ and in some circumstances, if the under payment is significant, they may even seek to treat it as a fundamental breach of contract and therefore grounds for constructive/ unfair dismissal.

Read the full article on Pitmans Solicitors Employment website: http://bit.ly/eSrE3X

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Susan Maloney | Attorney Advertising

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