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date: 3 February 2009

embargo: For immediate release

Workers should not have to foot the bill for bad weather conditions, says TUC

As workers struggle back into work following the recent snowstorms, the TUC today (Tuesday) issues new advice about when it is reasonable to stay at home and how employers should treat time lost through bad weather.

While workers should make every reasonable effort to get into work, the TUC advises that you should not attempt to travel if it is not safe to do so. Employers should contact staff to advise them about getting into work. They should also take care that workers do not get trapped at work or put at risk if the weather gets worse. Workers should also let their employers know if they are not able to make it into work.

For those struggling with their commute, working from home is a useful alternative as long as it is technically feasible to do so, says the TUC.

Despite the heroic efforts of millions to get into work, the bad weather and lack of public transport have prevented many people from working. While there is no general legal right to be paid if you do not come into work, many companies have 'bad weather' policies so that employees who are kept away from work are still paid.

For those employers who don't have 'bad weather' policies, the TUC advises that it would be bad practise not to pay staff or force them to take holiday as this would cause resentment among those have been kept away from work through no fault of their own.

TUC General Secretary Brendan Barber said: 'Across the country, people have been braving the elements to get into work. Employers and workers must keep each other informed as to whether it's safe, or even possible, to commute to and from work.

'But for many the bad weather and lack of public transport have made their commute impossible. Good employers will already have 'bad weather' policies so that those who are unable to work are still paid.

'Scrooge bosses that dock pay and take away holiday will add to their business woes by creating resentment among staff. Workers who have been prevented from working through no fault of their own should not have to foot the bill for the bad weather conditions.

'Instead we urge all employers to look after their staff during these adverse weather conditions.'

NOTES TO EDITORS:

- In some cases, such as the NHS and the emergency services, employees will have to carry on working if the next shift does not arrive. In this case it is important to ensure that those who work very long hours have proper breaks and rest periods, and that they are properly paid for the vital work that they do in these difficult circumstances.

- An example of 'bad weather' policy:

During bad weather or when there are severe transport disruptions, staff may have difficulties getting to work or returning home. Staff should make every effort to attend work in all circumstances. However, (insert employers name) is committed to protecting staff health and safety and does not expect staff to put themselves at risk when trying to attend work. Staff should use their judgement. Take heed of any travel warnings and do not travel if advised not to. If you judge that weather conditions or transport problems make it impossible for you to get to work, you should contact your (insert designated contact Head of Department/line manager/ etc) as soon as possible to tell them about the problem.

Your manager will make a judgement on whether:

you will be allowed to come in late; or

you will be allowed to work from home; or

if your job can't be done at home, you will be allowed not to come in without suffering any loss of pay or annual leave.

If you are advised to come in late, you will be allowed to claim your normal working hours.
If your line manager is not available, try to speak to someone else in the workplace. Failing that, please leave a voice mail message for your manager, including a contact telephone number. Your manager will then ring you back to advise you what to do.

If you need to leave work early because of bad weather or severe disruption to transport services, you will need to discuss this first with your line manager or another manager, and depending on the circumstances you will be allowed to claim your normal working hours.

(Insert employer's name) will ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its staff. You also have a duty to take reasonable care, including taking extra care when travelling to and from work in bad weather.

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Contacts:

Media enquiries:
Rob Holdsworth T: 020 7467 1372 M: 07717 531150 E: rholdsworth@tuc.org.uk

Liz Chinchen T: 020 7467 1248 M: 07778 158175 E: media@tuc.org.uk

Press release (900 words) issued 3 Feb 2009