As most of the UK starts to suffer from the second big freeze of 2010, as an employer you have many things to consider. Having looked at the news reports, we can see that many businesses are suffering, again, as people simply are not going out and buying things, in this traditional busy time of year.
On top of this, you need to give consideration to how you treat your staff. Health and Safety legislation does apply to your staff at the business premises, but what happens if you decide to set your staff an ultimatum about attending work? Every single employee, should have a contract of employment in force within three months of starting work.
Within that contract of employment, it should state what actions your staff should take if they are unable to attend due to sickness and other reasons. The most common, is that staff should telephone in and advise their manager or other appointed person that they will not be in at work and the reason for this. Employment contracts are very difficult documents to ensure are correct. You may have a template that you have used for years, but you do have to consider whether this is up to date.
If you have commercial legal expenses insurance, then you should have available to you some sort of advice or helpline that you can speak to, in order to clarify that your contracts are valid, fair and up to date. But what happens if your staffs are unable to attend their normal place of work either due to the weather, or because their child(s) school has closed and they cannot arrange childcare?
If you are seen to discriminate against staff that has children, then you could face a potential claim against your legal expenses insurance. Under a standard business insurance policy, you may not have legal expenses cover, it is always worth considering the extra few hundred pounds this may cost though.
If you have a policy that staff that do not attend have to take unpaid leave, then you have to make sure that this is applied as a blanket procedure, across every level of staff. If, for example you have senior employees, usually male directors who do not attend and are paid, then you have to make sure you do this for all staff, male or female, parents or non-parents.
Not that we think there will be that many claims, but as time goes on and schools continue to remain closed, then some employees could be faced with losing weeks of salary. If they feel that you have treated them not unfairly, but just differently to other members of staff, then you need to think very carefully about what you do going forwards.
There is also the issue of setting a precedent, if in the last cold snap in January/February 2010 you let staff go home early or take paid days off. You may have to explain why you are not continuing this process at the end of 2010.
As with all potential claims, you should always speak to your business insurance broker for advice or help. You will be amazed at the wealth of information, either direct or through help lines, that is available under most business policy. Being an employer is not a popularity contest, some people will never be happy. Some employees are never satisfied whatever you do. Just try to make sure that whatever steps you take, you are consistent and you are fair.
Maybe consider allowing staff to make up the hours within, say, the next three months. This way they do not lose out on their much needed salary, and you are viewed as being as fair as you can in the circumstances.
