What Employers Should Be Doing Now
The recent amber weather warning that swept across much of Scotland, bringing high winds and widespread disruption, serves as a timely reminder of the importance of being prepared for severe weather as we head into winter. With storms appearing to become more frequent and disruptive, employers should take the opportunity to review how they respond to extreme weather events, particularly where employees work outdoors, travel regularly, or operate across multiple locations.
Weather warnings provide an important prompt for employers to reassess workplace risks and ensure appropriate measures are in place. An amber, and particularly a red, weather warning should prompt employers to review whether normal working arrangements remain safe and suitable. The appropriate response will depend on the nature of the work being undertaken, the location and the level of risk posed by the prevailing conditions. Such conditions can result in significant disruption, widespread health and safety risks, and major transport and infrastructure challenges. Employers should therefore approach these situations with a heightened sense of caution and a clear focus on their duty of care.
Under the Health and Safety at Work Act 1974, employers have a legal obligation to take reasonably practicable steps to protect the health, safety and welfare of their employees. In the context of severe weather, this means actively assessing risks and determining whether work can continue safely, rather than simply proceeding as normal.
Practical measures may include modifying duties, securing loose items and equipment, suspending work at height, inspecting potential structural hazards, and reconsidering whether outdoor work or travel-related activities should take place at all. Where there is a clear and foreseeable risk, failing to take appropriate action could leave employers exposed to both legal and employee relations consequences if an incident occurs.
Risk assessments are particularly important during periods of severe weather and should be treated as dynamic rather than static documents. Conditions during an amber or red warning differ significantly from routine winter weather and may require additional controls or temporary changes to working practices. For organisations with mobile, field-based or outdoor workers, the risks associated with travel and exposure to the elements are likely to be among the most significant considerations. The key question should not simply be whether a task can be completed, but whether it is safe and reasonable to expect it to be carried out under the prevailing conditions.
Employees have statutory protection under sections 44 and 100 of the Employment Rights Act 1996 where they reasonably believe there is a serious and imminent danger. Depending on the circumstances, employees may be protected from suffering a detriment or dismissal where they leave, refuse to return to, or take appropriate steps to protect themselves from a dangerous situation. During periods of severe weather, particularly where outdoor working or travel is involved, employers should carefully consider concerns raised by employees and avoid taking a rigid approach. Any decisions relating to attendance or refusal to undertake certain duties should be assessed on a case-by-case basis, ensuring responses remain fair, reasonable and proportionate.
From an operational perspective, flexibility will often be essential. For office-based employees, this may include facilitating home working, adjusting start and finish times to avoid the worst conditions, or postponing non-essential travel. For those working outdoors or in the field, more significant adjustments may be required, including postponing non-essential work, rescheduling activities, increasing rest breaks, or implementing additional safety measures. In some circumstances, temporarily suspending work may be the safest and most appropriate course of action.
Travel is another key consideration. Severe weather warnings are frequently accompanied by disruption to roads, rail services and wider infrastructure, which can affect employees’ ability to travel safely and reliably. Employers should avoid assuming that journeys can proceed as normal and should remain prepared to adapt plans where necessary. This may include postponing meetings, cancelling site visits, or making greater use of remote alternatives.
The position on pay can be less straightforward. There is no automatic statutory entitlement to paid leave where work is disrupted by adverse weather. However, where an employer instructs employees not to attend work or closes a workplace, pay would generally be expected to continue. Equally, where conditions are unsafe, withholding pay may create both legal and employee relations risks. Clear communication and a balanced, pragmatic approach can help minimise the risk of disputes.
Scotland frequently experiences severe weather warnings, particularly during the winter months, with storms, high winds and snow often causing significant disruption. Employers should view events such as this recent storm as an opportunity to review their severe weather procedures and business continuity plans before winter conditions intensify. For organisations with employees working across different regions of the UK, responsibilities extend beyond the location of the head office and apply wherever employees are carrying out their duties.
The key message is that severe weather warnings should not be treated as business as usual. A proactive, safety-led approach not only helps employers meet their legal obligations but also plays a vital role in protecting employees, maintaining operational resilience and fostering trust across the workforce.
