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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.
The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.
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On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.
The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
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