Navigating Employee Pay During Red Weather Warnings: What Employers Need to Know

As Ireland was placed under a red level weather warning nationwide on Wednesday due to Storm Éowyn, many workers have been left wondering what their rights are, with people being advised to ‘shelter in place’.

Ireland is right in the firing line of Storm Éowyn, expected to be the most intense to hit our shores since Hurricane Debbie claimed 18 Irish lives in 1961. Schools and creches are set to close, and public transport will not operate amid red warnings. Keith Leonard, Chair of the NECG, warned, “A status red severe weather warning means ‘shelter in place’ . People in the areas affected by red warnings should stay indoors, avoid unnecessary travel, and take action to protect themselves and their properties.” He added, “Storm Éowyn is going to be a very dangerous and destructive weather event. The forecasted winds have the capacity to bring severe, damaging winds which will constitute a risk to life and property.”

Understanding the Legal Framework

In general, there is no statutory entitlement for an employee to be paid if they cannot attend work because of extreme weather events. This means that, legally, employers are not obliged to pay employees who are unable to travel to work due to severe weather conditions. However, any more beneficial arrangement is a matter for agreement between the employer and the employee.

Taking a Long-Term View

Employers are encouraged to take a long-term view of the working relationship. Demonstrating concern for the welfare of employees and treating them fairly can translate into a better working environment, benefiting both staff and the employer. This approach can help maintain morale and loyalty, which are crucial during challenging times.

Options for Employers and Employees

While there is no legal obligation to pay employees during extreme weather events, there are several options that employers can consider:

• 1. Annual Leave: Employers may allow employees to take annual leave for the days covered by the event, in which case they would be paid.
• 2. Unpaid Leave: Employees may take unpaid leave to cover the absence from work, but this arrangement is a matter for agreement between the employer and the employee.
• 3. Flexible Working Arrangements: Employers can explore options such as working from home or from an alternative location where feasible and practical.

Handling Roster Changes and Layoffs

In cases where a roster needs to be changed at short notice due to extreme weather, the usual requirement for 24 hours' notice does not apply. Additionally, if the employer is unable to open the premises or there is no work available, they may put employees on a period of 'layoff'. During this period, the employer is not obliged to pay employees, but laid-off employees may be entitled to Jobseekers Benefit or Jobseekers Allowance from the Department of Social Protection.

Resolving Issues

Employers and employees are encouraged to resolve any issues at the level of employment. Where issues cannot be resolved locally, the employee may make a complaint under relevant enactments to the Workplace Relations Commission. Mediation may also be an option if both parties are agreeable.

Conclusion

As Storm Éowyn approaches, it's essential for employers to be prepared and to communicate clearly with their employees about the company's policies regarding extreme weather events. By considering the guidance from the WRC and taking a compassionate approach, employers can navigate these challenging situations effectively.

Stay safe and take care!