What Employers and Employees Need to Know
Christmas is a time for joy, family, and celebration but it can also bring its fair share of travel headaches. From snow-covered roads to rail strikes and flight cancellations, festive travel disruption can leave employees struggling to get to work. So, what happens when staff can’t make it into the office? Here’s what UK employment law says and how employers can keep things merry while staying compliant.
Generally, it’s the employee’s responsibility to attend work, and if they can’t because of travel disruption, there’s no automatic right to be paid for missed hours. This applies even if the disruption is outside their control, such as snow or cancelled trains, unless the employment contract says otherwise. Employers should check their contracts and policies, as some include provisions for adverse weather or travel issues.
If employees can’t attend work and remote working isn’t possible, the absence is usually unpaid. Employers may allow staff to take annual leave, or can force annual leave to be taken but this would require double the notice of leave the employer wishes for them to take. Some businesses choose to pay staff as a goodwill gesture, but this is discretionary and should be applied consistently to avoid discrimination claims. Where possible, employers should consider flexible options such as remote working, adjusting hours, or shift swaps to keep operations running smoothly.
Travel disruption can also affect childcare arrangements if schools close unexpectedly. Employees have a statutory right to reasonable unpaid time off for dependants to make alternative arrangements, but this is for emergencies only and not an indefinite right to stay home. Employers should handle these situations sensitively to avoid discrimination risks. If the workplace itself closes and employees can’t work from home, they are generally entitled to full pay unless the contract states otherwise. Employers also have a duty of care under health and safety law and should risk assess travel in dangerous conditions eg red weather warnings which mean danger to life. Depending on risk, it may be appropriate to close the workplace to avoid dangerous travel. Employees are protected from dismissal or detriment under the Employment Rights Act if they refuse to attend work due to serious and imminent danger.
The best approach is to plan ahead. Communicate your policy on travel disruption before the festive period, apply rules consistently, and consider creating a “bad weather and travel disruption policy” that covers pay, leave, and remote working options. Above all, prioritise safety and fairness, clear communication and flexibility will help maintain morale and avoid legal pitfalls during the Christmas season.
While no one wants travel chaos to dampen the festive spirit, planning ahead and communicating clearly can make all the difference. By applying policies fairly, considering flexible options, and prioritising safety, employers can keep operations running smoothly without turning Christmas cheer into workplace stress. After all, the season is about goodwill, so a little flexibility goes a long way in keeping everyone happy and safe this holiday season.
