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Puds  
#1 Posted : 28 September 2016 15:36:47(UTC)
Rank: New forum user
Puds

Hi,

Looking for some opinions here on stopping staff from leaving your car park, which may or may not be ploughed / gritted and travelling home on the public highway.  Is it a case of you can only give advice that "the weather out there's really bad, you'd be safer staying here for the time being" or can you legally say "the weather out there's really bad, you're staying here for the time being"??

Is it possible to legally stop staff etc from driving on your car park in order to reach the public highway, therefore by default the second scenario above comes into play?

Thanks

A Kurdziel  
#2 Posted : 28 September 2016 15:45:02(UTC)
Rank: Super forum user
A Kurdziel

I don’t think so ... sounds more like wrongful imprisonment! As an employer you could only be held liable if you ordered out into bad weather for work related purposes. If they are just going home, they’re are adults and can make their own decisions. If the vehicles are company vehicles you would be entitled to say that you didn’t want to risk them getting damaged so the can take the bus.

shell56006  
#3 Posted : 28 September 2016 17:29:54(UTC)
Rank: Forum user
shell56006

Some companies will put staff up in a local hotel if weather conditions are bad, I know my old employer (distribution centre working shifts - mornings and afternoons) would put you up in the hotel , pay for your food etc but expect you to walk into work to cover the morning shift in work if the opposite shift couldnt get into work - if the snow lasted a few days then we were expected to cover the shifts - our arguement was if we cant get home surely our stock wouldnt be able to reach our customers??

I did hear that depending on the forcast if there was a severe weather warning and  you were advised to stay indoors and you decided to risk driving and have an accident your insurance could decide not to pay out - dont know how true that really is mind?

Roundtuit  
#4 Posted : 28 September 2016 21:07:45(UTC)
Rank: Super forum user
Roundtuit

Grown adults - completed contractual hours / hand over arrangements - they are free to stay or go as they wish

IF you try to insist they stay what provision and facilities do you have / have you made / will you make e.g. toiletries, change of clothes, washing facility, food & beverage, sleeping, communications with family etc. how long is your resource planning intended to last one/two/three nights?

Find something more worthwhile to focus your efforts on ... and dont perpetuate hearsay about invalidated insurance - if we all stopped at every weather warning the country would grind to a halt.

Roundtuit  
#5 Posted : 28 September 2016 21:07:45(UTC)
Rank: Super forum user
Roundtuit

Grown adults - completed contractual hours / hand over arrangements - they are free to stay or go as they wish

IF you try to insist they stay what provision and facilities do you have / have you made / will you make e.g. toiletries, change of clothes, washing facility, food & beverage, sleeping, communications with family etc. how long is your resource planning intended to last one/two/three nights?

Find something more worthwhile to focus your efforts on ... and dont perpetuate hearsay about invalidated insurance - if we all stopped at every weather warning the country would grind to a halt.

stevedm  
#6 Posted : 29 September 2016 06:49:55(UTC)
Rank: Super forum user
stevedm

Can't really stop them...we give daily weather warnings (Hot and Cold), (Green/Amber/Red) and display the local information...if it get to the stage that we know it is going to be bad we prepare to send all non-essential staff home and make contingency arrangements for essential/24hr staff to get in/out...it is part of our emergency preparedness/business continuity planning..
Invictus  
#7 Posted : 29 September 2016 09:51:17(UTC)
Rank: Super forum user
Invictus

Where I work we have big bales of cotton wool and as soon as we employ you we wrap you in it!
davidhwatkins  
#8 Posted : 29 September 2016 12:12:46(UTC)
Rank: Forum user
davidhwatkins

Where I work we stopped using cotton wool as it was causing breathing problems.
WatsonD  
#9 Posted : 30 September 2016 09:04:24(UTC)
Rank: Super forum user
WatsonD

From your post it seems that the bad weather must have come on during the course of the day, as otherwise you should be advising them not park in the car park in the first place. However this would then beg the question: Why haven't you gritted the car park? So assuming the day started off well and the weather deteriorated over the course of the day, could you not in extreme circumstance offer for people to leave earlier (even if they make up the time at a later date), before it became too dangerous. It is their choice then. Depending on where you are in the country, indicates on how often this event is likely to occur. But in most cases I can't see this happening much, if at all.
A Kurdziel  
#10 Posted : 30 September 2016 11:00:33(UTC)
Rank: Super forum user
A Kurdziel

From the original post I got the impression it was not the staff on the company carpark but whether the organisation had the right to stop employees leaving the site, in bad weather, to for example go home. I believe that this not the case and forcing employees to keep their own vehicles at work would be illegal.

As someone else has pointed out if the issue is driving around the carpark safely, then the company should have a contingency plan to deal with that, eg gritting.

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