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Fighting the elements... a continuing headache for employers?


W


ith news of another volcanic eruption, employers are facing more and more disruptions to


their businesses. Last year, employers suffered with the


effect of one of the most severe winters on record. More recently businesses were faced with disruptions caused by yet another Icelandic volcanic eruption. While there are disruptions to


delivering goods and services, the pay implications regarding employees’ inability to attend work for reasons beyond their control continues to be an issue for employers. Do you have to pay an employee who


cannot attend work for reasons beyond their control? The simple answer is: ‘not unless the


contract of employment says so’. Employers should also ensure that the


staff handbook does not have any wording which has been expressly or impliedly incorporated into the contract which contradicts the contract. Of course, the position is different if employees are away abroad on business.


Reasons why employers may wish to pay employees in these circumstances Some consider that ‘docking’ employees’ wages in these circumstances may be damaging to employer/employee relations. Larger employers should also consider whether it would lead to bad publicity. Pay can be a sensitive issue and the


reputation of ‘docking’ employees’ wages because, through no fault of their own, they could not attend work may be a difficult reputation to shake off. That said, employers will also be mindful of the fact that this may encourage less


hardworking staff to not make the effort, for example, in snowy conditions. Employers should consider alternatives


such as: •Allowing the employee to work from home or another accessible workplace when weather conditions make travel dangerous •Workplace closure (in extreme situations) •Paid annual leave •Allowing the employee to make up the hours •A provision providing for a limited number of days’ paid leave and thereafter the employee takes the additional days as holiday or unpaid We recommend that all employers


develop a strategy to deal with these circumstances. If an employer wishes to deduct wages


from an employee, include a term in the contract allowing you to do so. This provides an automatic defence to any arguments regarding unlawful deduction of wages. Further, implement a policy regarding adverse weather and how absence in these circumstances would be dealt with within the workplace. These disruptions will be an on-going


headache for businesses, but employers should start taking steps to ensure that employees know what the position is regarding pay. Whatever steps employers take, they should always bear in mind the need for consistency throughout the workplace. Angela Protheroe is an Associate with HardingEvans Solicitors and specialises in Employment Law. Contact Angela on 01633 244233 or email: protheroea@hevans.com.


What do James Hook and Sam Warburton have in common?


A premier team of solicitors. Many know HardingEvans as a long-standing local legal firm operating out of its Newport offices on North Street. HardingEvans has a strong regional and


national practice with specialist teams working in company and commercial, employment law, commercial property and dispute resolution. Less known is that HardingEvans has a strong sports law team. Sports law is one of HardingEvans


specialisms which overlaps substantially with employment and contract law, involving defamation and privacy laws as well. The issues involved in sports law are


complex, diverse, and evolving quickly. There are many areas in which specialist advice is a commercial must. We advise on complex and high profile


legal issues for an impressive client list, including rugby players, managers and clubs for example Sam Warburton, James Hook, and the Newport Dragons. When working with individuals like Sam


and James we can advise on sponsorship and contracts, the use of the possibility of sports merchandising, and disputes and business dealings that may arise. HardingEvans is one of only a few firms in


South Wales that can offer a single port of call for these specialities.


For further information please contact: John Allison on 01633 235135 or email: allisonj@hevans.com


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