Snow days

Re: Snow days

Vicky RVN — Fri, 15 Jan 2010 08:18:35 GMT

[quote user="Kay88"]

Although our work is mean and some people have walked in which takes over an hour and if they were late in they had the time deducted.....not thanked for making the effort!!!

[/quote]

That seems very unfair. I arrived a little late one day (about 15min), had left home early to compensate for the snow/ice but took longer than i expected, didn't get punished for it! The fact those people have made the effort to walk in and risk falling over shows commitment and they should be thanked for that! Some boss, huh!

Re: Snow days

hissycat — Thu, 14 Jan 2010 10:36:36 GMT

Sounds perfectly reasonable to me

Re: Snow days

Faye Sewell — Thu, 14 Jan 2010 10:13:13 GMT

Just got this email from BVNA on snow days!

Adverse Weather Policy

With the weather not being so good in the last couple of weeks and with further snow predicted and icy conditions continuing. What is your companies position and legal obligations?

If your employees cannot get to work because of the snow, can you deduct wages?

Employees have statutory protection against 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.

Alternatives that many employers could also explore include permitting employees to take the day off as annual leave, permitting employees to make up missed time when conditions improve or allowing them to work from home (if practical).

A degree of flexibility is encouraged. Employees who see their employers acting reasonably in what are unusual circumstances are more likely to make greater efforts to get back to work as soon as possible.

Can I discipline an employee, if they do not make it into work because of the weather?

All employers owe a duty of care to employees. This arguably extends to travel into and from work where there is a known risk and where many reports are urging people not to travel unless essential.

You should encourage employees to make reasonable efforts to attend work but allow them to exercise their judgement on whether it is safe to make the journey. Factors that will affect a decision include reliance on public transport and where an employee lives.

Unless there are other reasons why attendance is not possible (see below), disciplinary action is acceptable if you know you are on solid ground and sure of an employee’s personal circumstances. The resource and effort in investigation these may render it an unattractive option, and consistency is important.

Clear communication of the consequences of not attending work is likely to help. If employees know they will not be paid, and that any abuse may be subject to disciplinary action, fewer employees are likely to try their luck.

Other reasons why

There may also be other factors that affect an employee’s ability to attend work. Over 11,000 schools shut last week, leaving parents with no choice but to take time off. Other childcare arrangements may also be affected, or those with elderly or other protected dependents may need support where usual carers are unable to work.

All employees have a statutory entitlement to reasonable time off for dependents in situations where there is unexpected disruption, termination or breakdown of arrangements for the care of a dependent or to deal with an incident that occurs during school hours. Case law has established that the time an event is classed as “unexpected” is dependent on the moment as employee learns of it. As School closures are often not announced until that morning, these events could well be covered.

The right is to unpaid leave, although many employers will exercise their discretion and continue to pay (an if you are paying those who cannot make it in anyway treating employees inconsistently could leave you in hot water, so you do need to make a judgement). Leave is permitted in order to make other arrangements for dependant care. What is reasonable time off is therefore entirely dependent on individual circumstances and an employee’s ability to draw on other resources to help out.

In addition to the right to time off, employees should not be subjected to any detriment in relation to exercising their right. This means that employers should not discipline or dismiss employees who have sought this right, regardless of length of service. A dismissal for exercising the right is automatically unfair and employees can bring a claim for unfair dismissal without have the usual years service requirement.

In summary

· Take a reasonable, fair and consistent approach

· Ask employees to maintain contact on at least a daily basis

· Take a flexible approach

· Call the BVNA members helpline for HR Support and further advice if you want to discuss specific cases

Re: Snow days

loobylou — Tue, 12 Jan 2010 20:38:53 GMT

[quote user="hissycat"]

Surely its not the employees fault either!? I lived 25 miles away as could not afford to live closer, so walking not an option and public transport not running. What should I have done? Think our bosses only turned up themselves cos they drove souped up 4x4s and it was a male pride thing

[/quote]

Sorry wasnt implying it was employees fault either, its no ones fault really!
Just wondering what other practices were doing.

Re: Snow days

Anonymous — Tue, 12 Jan 2010 18:28:27 GMT

Our policy is to take it unpaid or take as holiday.

Re: Snow days

hissycat — Tue, 12 Jan 2010 16:08:51 GMT

[quote user="loobylou"]

[quote user="STRVN"]

There was something about this on my homepage today..... if you cant make it to work but others can, then you take it as either a holiday or unpaid. If your place of work has to close because of the weather and all staff are at home, then your employer has to pay you hope this helps

[/quote]

This is what we've said, seemed the fairest way.
We did close early last tuesday so those staff that left early got paid for a full day.

Way I see it is we chose where we live and where we work and it should be our responsibility to get into work. Its not the bosses fault if we cant walk in or get public transport.
Wouldnt make a difference re sick pay as we dont get anything for first 3 days, then SSP.

Thanks for all replies, helps a lot

[/quote]

Re: Snow days

Kathryn Welsh — Tue, 12 Jan 2010 14:25:51 GMT

We don't get paid if we 'choose' that we can't get there but if we are sent home or told not to come in we still get or normal hours. I'm actually the opposite and have done extra (as only live upstairs) but it was just expected and they never once said thanks!

Re: Snow days

twinkle — Mon, 11 Jan 2010 21:51:29 GMT

I think its terrible that you dont get some sort of pay!

You can't just buy your home because its a few doors away from work just in case it snows!!

It doesnt happen that often and employers should show some kind of support to their staff. I couldn't afford my rent, bills etc. If I didn't come in and not all buses etc are running.

I have to stay at work and worry all day about getting home. What happens if I crash my car or get stuck. Its some times just too dangerous!

Re: Snow days

loobylou — Mon, 11 Jan 2010 21:21:07 GMT

[quote user="STRVN"]

[/quote]

This is what we've said, seemed the fairest way.
We did close early last tuesday so those staff that left early got paid for a full day.

Thanks for all replies, helps a lot

Re: Snow days

Katy — Mon, 11 Jan 2010 21:16:01 GMT

In the NHS (at my hospital any way) we had to take it as a holiday or if we had none left as unpaid.

Re: Snow days

Sandra Taylor RVN, MBVNA — Mon, 11 Jan 2010 20:55:15 GMT

Re: Snow days

Steph Worsley — Mon, 11 Jan 2010 20:31:04 GMT

we haven't been told yet how it will be dealt with for us

Re: Snow days

Dreamcatcher — Mon, 11 Jan 2010 20:26:22 GMT

Last year when we had snow it was treated as a sick day. I think this is the fairest way as people who genuinely couldn't get in still got paid (although had less sick days to take the rest of the year) but it in a way still acknowledged the effort that others had made in getting in.

Re: Snow days

Kay Eminson — Mon, 11 Jan 2010 20:16:38 GMT

Our policy is take holiday, take it out of the overtime book or unpaid

Although our work is mean and some people have walked in which takes over an hour and if they were late in they had the time deducted.....not thanked for making the effort!!!

Re: Snow days

hissycat — Mon, 11 Jan 2010 19:58:45 GMT

Last year I took a day unpaid but we didn't get sick pay untill three days post illness or anything anyway so not that big a deal for me.. I do think its unfair to punish people who can't get in, I was completely stuck in my street and wouldn't have got to the motorway, even if I had got in I prob wouldn't have got home again! I think its more fair to treat it as if that person had been sick. Could lead to some very bad feeling otherwise.

Re: Snow days

Sally Howe — Mon, 11 Jan 2010 17:16:09 GMT

We have to take it as either unpaid or holiday