Businesses have been urged to draw up contingency plans to guard against potential problems whenever adverse weather hits the county again.
The retail and catering sectors were hardest hit recently as snowed-in staff failed to make it into work at times over the past week. Workers who were not seen at their desks could find themselves in legal battles over pay, experts have warned.
However, businesses that choose to dock a day’s pay from non-attendees could also become vulnerable to challenges in the courts, it was claimed.
Leading Solicitors have said staff should be encouraged to make every effort to get into work if the bad weather hits again. “Strictly speaking, staff are protected from unauthorised payroll deductions, so docking a day or more for non-attendance could lead to a legal challenge,” she said.
“This may also be seen as unduly draconian and would certainly have a negative impact on the employment relationship.
“Where staff are paid on the basis of hours worked, like casual retail or catering staff, the legal position is clear and they are unlikely to have any right to be paid.”
Mrs Grant said parents forced to stay home and care for their children due to last minute school closures could be covered by legislation giving them the right to unpaid time off in emergencies.
“Employers must remember that every individual faces a very different set of circumstances and not jump to hasty conclusions about someone’s apparent failure to make the effort,” she added.
“An initial discussion could ask for a full explanation and might include the suggestion that the day should be taken as a holiday.”
Pauline Hedges, policy manager at the Surrey Chambers of Commerce, said they had advised members to judge each case on its merits. “It’s down to how much you value your staff,” she said. “What we have been saying is make reasonable allowances.
“Your staff are human beings and, in a lot of cases, if they have got small children and their school is closed what is the alternative?”
Mrs Hedges also advised those employers hardest hit to contact their bank manager to arrange overdraft extensions if necessary. “It’s about communication and not confrontation,” she added.
“There is also a difference between those on a salary and those on a contract being paid per hour. "That’s why it’s more likely to be the lower paid workers that are going to have to suffer the most in these situations.”
