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Big freeze bonanza for employees?

big freeze bonanza for employees?

2 December 2010

As large parts of the country grind to a halt, many employees are unable to get to work. Some employers are asking ‘why should we pay someone for a day they haven’t worked?’ While employees ask ‘why should we lose a day’s pay through no fault of our own?’

Except where the contract of employment states otherwise (eg for sick pay and holiday pay), there is no need to pay for days when an employee does not work. So employers can withhold pay for days that an employee does not attend because of the weather (or insist they take the day as holiday).

Over-generosity about paying non-attendees when it snows risks encouraging people not to try (compare recent school closures with almost all other businesses). We suggest the general rule should be not to pay those who do not work. Employers always have a discretion to pay – eg if the employee has really tried to attend or has managed some work by email or telephone.

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Draft Regulations has now been published in respect of ‘Jack’s Law’, giving bereaved employed parents and those with parental responsibility the right to two weeks’ leave following the death of a child under 18 (including stillbirths after 24 weeks of pregnancy).

EHRC harassment guidance

The Equality and Human Rights Commission has issued technical guidance this month on Sexual harassment and harassment at work.

Ahmed v BBC – the BBC pay a high price for equal pay

In the latest of the ongoing equal pay controversies within the BBC, the Employment Tribunal has handed down its judgment in Samira Ahmed case in a decision expected to cost the BBC in the region of £700,000 in back pay.

Compulsory retirement age still hitting the headlines

Professor Ewart has succeeded in his age discrimination claim against Oxford University after reaching its compulsory retirement age of 68.

View all blogs

Heather Mitchell

Senior Associate

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