Storm Franklin: Do I get paid if I can't get to work?

The Met Office has issued an amber warning for wind which could cause a “risk to life” in Northern Ireland until 7am, while a milder yellow wind warning covers England, Wales and south-western Scotland from midday until 1pm.

Environment agencies have issued hundreds of alerts for flooding across the UK, including two rare “severe” warnings where rainfall could also pose a “danger to life” for communities along the River Mersey in Greater Manchester.

This comes after huge waves were seen crashing onto coastal areas, homes were destroyed by strong winds, and emergency services deployed flood defences along swelling riverbanks on Sunday.

Train operators have warned customers to “avoid travel if possible” on Monday as services are expected to be paralysed by gale-force winds and lashing rain.

As Storm Franklin sees public transport cancelled in parts of the UK and severe travel conditions what are your rights if you can’t make it to work?

Neha Thethi, head of employment at Lime Solicitors shares advice with employess. Here is everything you need to know.

The Army has been placed on standby as the UK prepares for the arrival of Storm Eunice. (PA)

Does my employer have to pay me if I can’t get into work due to Storm Franklin?

Whether employees get paid on days when they cannot make it into the office will largely depend on their contract of employment. Many employers will have a ‘bad weather policy’, so it is always worth checking your contract. However, on a general note, employers do not have to pay employees who are unable to get into work, subject to their contract.

Employees are expected to make reasonable efforts to attend work despite any severe transport disruption or road closures. However, it is usually best practice to be flexible in these circumstances by allowing employees to request the time off as annual leave or to work from home.

With the help of technology and the coronavirus pandemic, many employees should be able to work from home. However, it is important to remember your employer should not force you to attempt the journey if there are legitimate concerns for your safety.

Storm Franklin weather warnings. (PA)

My workplace has closed for the day due to Storm Franklin – do I still get paid?

If your employer has closed the office because it is inaccessible they should usually still pay employees for that day. Withholding pay when employees are unable to work through no fault of their own could be considered as an unauthorised deduction from wages.

In those circumstances, employees may be able to bring a claim against their employer. However, it should be noted that some employment contracts contain a temporary ‘lay-off’ clause. If this is the case, employers can refuse to give the full amount of pay to employees to a limited time.

Can you take time off work if your child’s school is closed due to Storm Franklin?

Schools are often closed when there is bad weather, forcing many employees to stay at home to look after their children. If a school was closed at short notice, this would constitute an emergency relating to a dependant, in which case, you would be entitled to take time off as dependency leave.

This type of leave does not have to be paid. Your employer can not refuse you dependency leave if you have no other choice and you cannot be disciplined or sacked for taking the time off.

For further employment law advice, visit the Lime Solicitors website.