With the first snowfall of 2026 affecting large parts of England this week and more expected to come, Kristie Willis, Employment Solicitor at Palmers Solicitors, is reminding employers and staff of their rights and responsibilities.
“Employers have a duty of care to protect their staff,” Kristie said. “That does not stop when the weather takes a turn for the worse. If the authorities advise against travel, employers should not expect employees to risk their safety just to get into work.”
She emphasises the importance of creating contingency plans for scenarios where the weather disrupts business operations.
“A clearly drafted adverse weather or travel disruption policy makes a huge difference as it sets out expectations for everyone.
“For example, can staff work from home? Could start times be flexible? Sharing the policy in advance allows employees to ask for clarification on anything they are unsure of to avoid confusion.”
Kristie also addressed the question of closing workplaces as a safety measure.
“If it is unsafe to open, employers should consider closing the business. Staff are usually entitled to pay if the workplace closes, because they are ready and willing to work.
“That changes only if the contract specifically allows for lay-offs or short-time working.”
For employees unable to attend work while the workplace remains open, how they are treated can vary depending on the employer.
“ACAS suggests pay is not required if someone cannot get to work due to snow or ice because they are not fulfilling their contract of employment.
“However, I would like to state that there is no conclusive case law supporting this sentiment.
“When deciding whether to pay employees who don’t show up to work due to weather conditions, employers should consider what stance they have taken in the past.
“If staff have been paid for bad weather before, suddenly withholding pay could cause disputes. Ideally, the employee’s contract and the employer’s policy will make the situation clear.”
Kristie also stressed fairness for those with caring responsibilities, for instance, where they have children.
“If schools close, employees have a right to take reasonable time off to care for their children, though this is usually unpaid.
“Employers should be cautious of paying employees who cannot travel to work but not paying employees who cannot attend work due to caring for dependents to avoid discrimination claims arising as a result.
“Providing options like annual leave, making up the time or working from an alternative location helps avoid complaints.”
Palmers Solicitors can provide guidance to employers on drafting or reviewing adverse weather policies to help keep business operations running smoothly.
For more information, please contact Kristie Willis.
