We had two employees who could not get to and ‘from’ work because of the bad weather.

One said she was snowed in and could not get out of her house (which is in the country up an untreated road). The other was travelling back from Dublin after work and the work van was slipping all over the road. After three hours of not going very far the employee booked into a hotel for the night.

What are my responsibilities as an employer in these situations?

Posted in : First Tuesday Q&A NI on 7 December 2010
Emma-Jane Flannery
Arthur Cox

As a rule of thumb an employer's obligation to pay arises where the employee is willing and able to perform work. If an employee cannot get to work or they cannot carry out their work, strictly speaking you do not have an obligation to pay these employees.

Having said that, many of our clients tend to deal with these issues pragmatically. After all, there is nothing in it for the employer to require the employee to spend all day trying to get in to the workplace. Indeed, the Chartered Institute of Personnel and Development (CIPD) has recently warned UK employers and HR departments of the

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Back to Q&A's This article is correct at 02/09/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery