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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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The government has brought in new legislation to ensure that any employees who have been furloughed will have their statutory redundancy pay calculated based on their full-time wages as opposed their furloughed pay in the event that they are made redundant.

Return to work – all change or more of the same?

The Government has announced that its workplace guidance will change with effect from 1 August and its “work from home” message will be removed.

Will there be a return of employment tribunal fees?

The Government is reportedly considering the reinstatement of tribunal fees in respect of employment claims.

Redundancy: competitive interview processes

In this case, the Respondent’s appeal was unsuccessful. In the first instance, the decision that it unfairly dismissed various claimants following the closure of the school where they worked. The Claimants were unsuccessful in applying for substantially similar positions at a new school that opened at the same site. Read more here.

View all blogs

Heather Mitchell

Partner

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