Does your boss have to pay you if flooding makes it impossible to get to work, and what are your rights if the commute becomes dangerous?
Severe floods have hit the UK with week, with a "threat to life" warning in place for flooding in parts of Cumbria, and bridges washing away in some of the worst-affected parts of the Scottish Borders.
Plenty of people in the North East commute to the North West or up to Scotland, or could be trapped in these areas after half-term visits. And with torrential rains and wind now forecast for this region, it's possible we could see flooding of our own before too long.
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Legal experts have explained the rights of employees if flooding makes it impossible or dangerous to get to work, or if you're hit with childcare responsibilities if schools close. Meanwhile, businesses have been urged to put clear plans in place in case of travel difficulities.
Tina Chander, head of employment law at Wright Hassall, said: “As a starting point, employees do not have a legal right to be paid if they cannot travel to work due to adverse weather conditions.
"Employees should check the terms of their contract of employment as there may be a contractual right to be paid in such circumstances.
"Alternatively, an employer may operate a non-contractual policy which entitles employees to pay in such circumstances. There should always be a policy in place which covers circumstances in which employees are unable to attend work due to adverse weather conditions. This way there is no confusion."
But what if your employer doesn't give you the right to be paid if you can't get in?
Ms Chander said: "If there is no contractual right to be paid, and no policy which provides for payment to be made in these circumstances, employees may wish to take annual leave to ensure that they are still paid. Similarly, provided that the employer gives the correct notice, they can require their staff to take annual leave. The required notice is double the length of time that they want employees to take as annual leave, so the travel disruption would need to be somewhat foreseeable.
"Alternative options could be to consider agreeing a period of unpaid leave with the employee, so that they do not have to use their annual leave entitlement.
"Or, the employer could agree with the employee that they will not be required to work, but will be required to “make up” the hours that have not been worked within a specified timeframe."
Since 2020, many workers have also adjusted to working from home - so if you can't make it in to your workplace, could you ask to work from home?
The lawyer said: "If the employer operates a working from home policy, sometimes referred to as a “hybrid working policy”, they may choose to permit their employees to work from home on days where travel is restricted or may pose a health and safety risk to their workforce so that productivity is not reduced.
"Hybrid working can also help to create a more relaxed working environment and provide employees with the opportunity to work from home in times like this. It can prevent accidents, safety-related incidents and unnecessary stress for workers. This can be even more so, if children's schools are closed due to flooding."
There is one circumstance under which your employer might be forced to pay you if flooding makes going to work impossible - if the flooding is affecting the business, as opposed to your home.
"If the employer’s workplace is closed due to flooding or disruption then the position is slightly different and employers should usually still pay their employees for that day. However, employers may require their staff to work from home or go to a different workplace," Mr Chander said.
"Withholding pay when an employer has closed their workplace may be classed as an authorised deduction of wages or a breach of contract, which could result in legal action being taken against them.
"As a business, this is also a reminder to have a disaster recovery plan. Many businesses are being hit by the floods and have been in the past. Making and communicating a plan can limit stress and disruption following an event such as floods.”
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