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alan w houghton  
#1 Posted : 07 January 2010 13:32:44(UTC)
Rank: Super forum user
alan w houghton

I am being hounded by employees asking if they will get paid due to unable to get to work ?

Generally the lads have not been able to work on sites, but are willing to work
We can not supply work due to site being shut, they have turned into the office but there is nothing we can do ie supply meaningful work

What is the official line
Should they take holidays? if they have any
do they actually need to be paid or part of

Office staff some in some not how can I justify paying the ones who have not come in to the office when other have managed to get here?

any assistance would be great

Alan
Stephen  
#2 Posted : 07 January 2010 14:15:52(UTC)
Rank: Forum user
Stephen

I would imagine lots of people are in the same boat at the mo, so hopefully you will get some helpful responses...

I would suggest looking at whether your firm has a travel disruption policy first and taking it from there. A lot of companies (mine included) state that employees are expected to get attempt to get into work, work from home if possible, or take annual leave if the first two options are not achievable. A bit harsh to use your holidays when it's virtually impossible to get into work though!

Not overly sure on the exact legal implications however, and it's more tricky when some workers make it in only for there to be no work. Check if there is a policy in place, and also see if your senior HR people can advise.

Sorry it's not much help!
alan w houghton  
#3 Posted : 07 January 2010 14:32:58(UTC)
Rank: Super forum user
alan w houghton

Our firm does not have a travel disruption policy.

I agree to force us to take holidays would be a bit unfare, although some staff are able to work from home most can't.

We do not have a HR department

Cheers for your assistance Stephen

Alan
ckitson  
#4 Posted : 07 January 2010 14:49:13(UTC)
Rank: Forum user
ckitson

Contracts of employment stipulate the number of hours an employee is expected to work in a particular week. Contracts will not normally contain provisions entitling an employee to be paid if that employee does not attend work unless that absence has been authorised. Therefore, if an employee is unable to attend work because of the snow, there is no legal right for that employee to be paid for that day.

Clearly it is open to employers to take a generous view in the circumstances and agree to pay the employee anyway, or alternatively to suggest the employee allocates the day as a holiday, but employers who do not wish to adopt this approach are within their rights to withhold pay if an employee does not attend work

If the employee is contracted to work for a particular shift then the employer is within his rights to insist that the employee works for the entirety of that shift. It is of course open to employers to allow staff to leave early, but as stated above there is no obligation to pay employees in respect of work not done. Employers may agree with employees for them to make up the time on another day or to allow the employee to take the time off as part of his holiday entitlement, but employees have no right to insist on this.

{Info supplied to me via our internal legal department}
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