Under the Health and Safety at Work (Northern Ireland) Order 1987, employers have a duty of care for the health and safety of all employees. This means an employer should not encourage or require an employee to travel where icy road conditions make it unsafe to do so. 

Nevertheless, it is usually the employee’s responsibility to get to and from work. Where something beyond their control, such as extreme weather and icy roads, prevents them from attending work, the employee should contact the employer as soon as possible. The employer should then discuss the available options with them and ensure that both parties remain in contact.

To assist with decision-making during adverse weather, employers could consider having a disruption policy in place. Such a policy should set out how staff should stay in contact, when it applies (for example, during significant weather disruption) and arrangements for home or hybrid working.

If the employee’s role can reasonably be carried out from home and they have been provided with the necessary equipment, the employer can require the employee to work from home instead of taking leave. It is usually beneficial for both employers and employees to be flexible in such circumstances. This may include temporarily adjusting hybrid working arrangements.

This article was provided by Madison Bowyer, an Associate in the Employment Law Group at Arthur Cox NI. 

T:+44 28 9026 5886 
E: Madison.bowyer@arthurcox.com 
https://www.arthurcox.com/