While the principle remains that non-attendance at an "open" workplace, whether due to adverse weather, strikes, public transport shutdown etc. If the employer opts to keep the workplace open, the "strict" view above may need to be reconsidered in circumstances where public transport is adversely affected by the weather. To the extent workplaces can facilitate such a remote access arrangement employees can continue working unaffected and be paid accordingly – without compromising their safety in travelling to and from the workplace. One alternative may be to allow employees to work from home while riding out the storm. Any non-payment in such circumstances could give rise to a claim for breach of contract or unlawful deduction of wages – not to mention employee disgruntlement and possible industrial relations issues. However, where an employer makes the decision to close its premises as a consequence of severe adverse weather, employees should not be penalised for their non-attendance at the workplace and should be paid regardless of their absence. Similar to sick pay entitlement, unless provision is expressly made for "snow day payment" within an employee's contract of employment or employer policy, or an implied entitlement in light of customer and practice, there is no legal obligation on the employer to make such payment. Strictly speaking, where an employer's office/place of business remains open, any absence by an employee (even in the context of adverse weather) is unauthorised and, therefore, unpaid.
One of the most pressing questions for Irish employers is whether employees should be paid during the storm in circumstances where they can't get to work. We have set out key advice around the issues below that employers should consider when battening down the hatches and seeking to brace for the Beast from the East – from an employment law perspective at least!
#WEATHER UP AND DOWN 2018 HOW TO#
While Ophelia caught many employers short in terms of how to handle "snow days", the lead in time for Storm Emma presents a welcome opportunity for employers to forward plan and ensure employees are well informed of contingency work plans. While yesterday Taoiseach Leo Varadkar commented that in the future employers in the private sector will have to set out specific policy and guidelines as to whether they should remain open during red alerts, such mandatory guidance is not yet in place. The Extreme Weather Warning (Miscellaneous Provisions) Bill 2018 introduced to the Dáil earlier this month seeks to provide guidelines for public sector employers in the event of an extreme weather warning.
#WEATHER UP AND DOWN 2018 CODE#
Following the code red weather alert issued when Storm/Hurricane Ophelia landed in October 2017, Ireland is bracing itself (literally) for the first code red alert of 2018 – the Beast of the East (otherwise known as Storm Emma).
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