There is no legal requirement for employees to be paid if they are unable to work during an extreme weather event unless the business closes or they are told to stay at home, according to a human resources (HR) professional.
However, Caroline Reidy of consultancy firm the HR Suite advises that owners and workers put safety first when considering how to deal with the impact of Storm Éowyn.
Met Éireann has said Storm Éowyn could pose a danger to life, with strong winds expected to create extremely dangerous travelling conditions and cause fallen trees and unsafe working conditions.
“Health and safety has to prevail, that’s our advice,” said Ms Reidy. “These things don’t happen too often, and so people should be thinking about what’s critical. If you are working on a generator or in a hospital, then there’s a logic to having to go in, but certainly, wherever possible, people should be remote working.”
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“In the cases of businesses like supermarkets, there has to be some pragmatism and common sense. There’ll be people who live close enough to the location, and in most places the red warning ends at 10am, so businesses should be looking at whatever flexibility can be shown. You don’t want people on the roads at the height of this unless absolutely necessary.”
The rarity of weather events on this scale means many businesses, particularly smaller ones, will not have given much thought to how they should be dealt with. Ms Reidy said all should have clear policies in place so management and staff know where they stand.
If a business remains open and the employer requires staff to attend the workplace, though, there is no statutory obligation for those workers who feel they cannot make the journey to be paid. Instead, it is down to individual contracts.
In places where there is no provision for payment to be made, it may be possible, Ms Reidy said, for staff to take a day’s leave, either paid or unpaid, but the employer should take into consideration what is reasonable, and safe, to require of their employees.
If the business makes the decision to close due to the weather, or to advise an employee it is not safe for them to travel to work, then there is a legal requirement for them to be paid.
“Obviously there are a lot of sectors that are simply essential, and employers need to be doing risk assessments in those cases, making sure it is safe for particular employees to come to work,” said Neil McDonnell of business representative group Isme. “In a lot of back office roles, though, working from home for the day will be the obvious solution.
“In areas like retail, I think many businesses will be looking at non-financial accommodations, seeing if a person can maybe start a little later or change their shift to another day.
“Wherever possible, we would encourage employers to look after their staff… it’s very easy to move jobs these days and that loyalty to employees will pay off in the long run, but the reality is that many business are running on fumes, particularly in hospitality, and so that simply may not be possible.”
Irish Congress of Trade Unions policy officer Laura Bambrick said the growing number of extreme weather events across Europe caused by climate change is likely to result in a future provision at EU level for a minimum number of paid days off to protect staff. Spain introduced a law granting four days of such leave in the wake of recent floods.
In the meantime, she said, wherever possible, “workers should stay home during severe weather conditions, in the interest of everybody’s safety”.
“Employers have a legal obligation to protect the safety of employees when working. However, the duty of care doesn’t cover the journey to and from the workplace.
“Remote working makes it possible to continue working safely from home for many, and should be accommodated.”
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