LGE issues guidance for councils on employee absence in adverse weather, fears potential disputes

Local Government Employers this week issued guidance to local authorities on how to manage employees during the adverse weather conditions affecting the country, amid concerns that badly-handled situations could lead to strained employee relations and potential tribunal claims.

The organisation said councils could expect their staff to carry out their normal contractual hours, but that they should bear in mind the need to be flexible to respond to individual circumstances when the conditions affect attendance at work.

The LGE said: “For example, depending on the geographical area of the local authority, some areas may be more badly affected by the extreme weather than others and the local authority will want to avoid encouraging their employees to travel in dangerous conditions, either during working hours or when travelling to and from the workplace.

“In addition, there may be employees with particular needs for whom reasonable adjustments may need to be made, or employees who due to school closures may need to take time off to care for dependants.”

The employers’ organisation added that councils should consider a range of responses when employees have difficulty in carrying out their work as normal, such as: working from a different location (whether home or another local authority office); flexible working or leave; or nil pay for periods of absence or lateness.

Where an office or school is closed for the day or an employee is instructed not to travel for work, employees should be paid as normal for that day. The LGE warned that “reasonable employers should use the option of withholding pay only as a last resort”. It added: “Decisions should be taken on a consistent and fair basis, to minimise the risk of claims of discrimination and/or constructive dismissal.”

The LGE guidance also covers:

• Absence due to childcare commitments because of school closures
• The effect of school closure or partial closure on working arrangements for school staff
• Staff working additional hours to cover absence and service demand (including the effect of the Working Time Regulations)
• Employees who abuse the system.

The guide points out that whichever options local authorities adopt in response to disruption to the working week of their employees, “they should ensure that managers implement the policy fairly and consistently, while taking into account the particular needs and circumstances of individual staff members”

It suggested that local authorities have a policy or guidance for managers for these times to ensure consistency and avoid confusion – “and hopefully avoid employee relations complications or possible tribunal claims”.

To access the guidance, click here.