How employers can avoid workforce claims and compliance issues in adverse weather
Author: Swyn Llyr
Key contact: Chris Aldridge
UK law might not have jurisdiction over the weather, but employers must be prepared nonetheless. In Preparing for Adverse Weather: A Guide for Employers, we break down how you can stay compliant and avoid a claim – whatever the weather.
Already in 2025, the UK has experienced several notable storms, harsh cold spells and snowy conditions. The unpredictability of adverse weather conditions such as heavy snow, ice and flooding poses significant challenges for businesses. Employers must proactively prepare to manage these disruptions, ensuring both business continuity and the safety and well-being of their employees.
Here’s how to address the key issues arising from adverse weather:
1. Employer’s duty of care
Under the Health and Safety at Work Act 1974, employers have a legal duty to take reasonable care to ensure the health and safety of their staff. During adverse weather, this duty extends to assessing risks associated with travel and working conditions. Employers should:
- Review and update risk assessments, including potential hazards such as icy walkways, unheated workplaces, or road travel in risk assessments.
- Encourage remote/home-working where possible to avoid unnecessary risks.
- Provide appropriate equipment for outdoor workers, ensuring access to protective clothing and equipment like insulated gloves and anti-slip footwear.
- Ensure employees are clearly informed of any specific safety protocols, such as adjusted work hours or transport support.
2. Manage school closures and childcare issues
Winter weather often leads to school closures, leaving working parents to juggle childcare responsibilities. Employers should approach such situations with understanding and flexibility:
- Employees should feel comfortable discussing childcare issues without fear of reprisal.
- Flexible options such as remote working, adjusted hours, or temporary leave can help parents manage their commitments.
- Remind employees of their rights to unpaid dependants’ leave to deal with emergencies.
3. Set clear expectations
Ambiguity about what is expected during adverse weather can create unnecessary stress and conflict. By setting clear expectations, employers can avoid such issues.
- Define “reasonable efforts” to attend work: make it clear that employees are not expected to risk their safety to commute. However, employees should make reasonable efforts to travel when conditions improve or as soon as the weather clears.
- Establish reporting protocols: inform staff about how and when to notify managers if they are unable to attend work or are delayed.
- Communicate in advance: use emails, intranet updates, or team briefings to keep employees informed about adverse weather preparations and expectations.
4. Adopt a consistent approach
Consistency in handling adverse weather situations fosters trust and avoids claims of unfair treatment. To achieve this:
- Ensure all employees, regardless of role or seniority, are treated equally.
- Maintain records of decisions made during adverse weather to ensure transparency and consistency in future scenarios.
- Managers should handle weather-related disruptions consistently and fairly.
5. Create an adverse weather policy
An adverse weather policy is an essential tool for navigating winter disruptions. This document should outline:
- Expectations about attending work and the process for reporting absences.
- Alternative working arrangements.
- Staff management issues such as whether to pay employees who are absent.
- How to keep in contact with staff.
By taking proactive steps to prepare for adverse weather, employers can protect their workforce while maintaining operational resilience. A clear, fair, and flexible approach not only mitigates risks but also strengthens employee morale and trust.
For help in creating a bespoke adverse weather and travel disruption policy, or for any Employment-related advice, contact our Employment team.
