Snow day? Can you take a day off due to thundersnow, these are your rights

Will my pay be docked? Can I take it as annual leave? And could I be sacked?

Employers are under no obligation to pay workers because of snow (Carl Court/Getty)

'Thundersnow' will continue to be unleashed by 70mph gale-force winds across predominantly northern parts of the UK today.

Up to seven inches of snow has already fallen on parts of Scotland, while icy and slushy conditions have closed schools and roads.

These freezing temperatures, compounded by flood warnings, will leave thousands of employees in a difficult dilemma.

What if it will take you longer commuting to and from the office than the time you’ll spend at work, and what if your children’s school shuts its doors?

Here we break down what you can do and what your rights are amid this wintry conundrum.

The weather will make my commute a nightmare; do I have to go in?

The short answer: yes. But of course there are exceptions, to be discussed below.

Anthony Sakrouge, head of the employment department at London-based solicitors Russell-Cooke, told The Independent: “Unless there is something that says otherwise in your contract, you have to make best efforts to get in even if it takes you two to three hours.

“Most people in London or the cities cannot say they cannot get to work, only that it will be painful and slow.”

But I physically cannot get into the office; can I still get paid?

Some employers may have bad weather policies written into contracts saying workers can be paid if unable to get in because of adverse weather, but according to Acas advice, you are not entitled to any payment.

Do I have to take it as annual leave/holiday?

“The employer is likely to say ‘take it out of your holiday’ if you don’t want to try getting in or if they accept it might be a nightmarish journey,” said Mr Sakrouge.

Can I work from home?

“Many employees may achieve more, especially if they live far away, at home than they will taking five hours trying to travel to the office and back,” said Mr Sakrouge.

“In those circumstances most sensible employees, if they ask politely, will let the employee stay at home.”

Again, depending on the contract however, the employer is not obliged to do this and the employee would need sufficient facilities at home.

Will I have to make up the hours?

“What they are not entitled to do, if you are paid for an eight-hour shift for example, is force you to make up the hours if you are, say, three hours late because of the weather," said Mr Sakrouge.

“Most employees will not try and dock your salary or halve your pay, but people working a salary are definitely better off in that situation.”

But I’m actually paid by the hour

“Unfortunately people who are paid per hour will not be paid for the hours they would have otherwise worked, so they lose out," he said.

I work by the job for Deliveroo and Uber, what about me?

“They will have no argument,” admitted Mr Sakrouge.

“It’s difficult for them in times of bad weather because they are paid for what they get done.”

Will I be penalised?

Mr Sakrouge said: "What an employer probably can’t do in those circumstances is dismiss an employee for being late because of snow. You couldn’t justify that."

As an employer, what should I do?

“If they’re sensible and know the snow is coming, they may send round an email saying employees can, for example, take the day off,” said Mr Sakrouge.

“Most employers are not looking to wind them up because they realise how important they are to the business.”

But the business I work for will close for the day if I don’t turn up

Mr Sakrouge said: "If the employer is the only person manning a shop and they can’t get in a replacement for their only one employee, it might be best they come in to man the shop for four hours (half the day) and the employer works the other half.

I can’t go into work because my children’s school is closed

Dependent care regulation says employees can ask to take time off unpaid, if a child cannot go to school, or is unwell, or a parent is unwell and has to be cared for, in order to make emergency arrangements.

But Mr Sakrouge said an employee, thanks to implied terms of trust and confidence case law, can usually be paid if they can prove they can still work just as efficiently at home.

How often are there employment law disputes over snow?

Mr Sakrouge said he had never heard of a case in 20 years of the profession, adding: “It’s usually resolved on a common sense basis.

“It’s not usually that bad in England. What they do in other countries, I don’t know.”