Adverse weather policy UK: how to handle staff travel during extreme heat

A client called me this week with a simple question.

Red heat-health alert in place. Some employees couldn't safely get in: public transport, no air conditioning, long waits on exposed platforms. Others drove and could still make it.

Same employer. Same working day. Completely different situations.

The question: if the public transport employees get a paid day off as a gesture of goodwill, does it look bad that the car drivers still have to come in and also get paid?

It's exactly the kind of fine detail that doesn't make it into the headlines but it's where small employers get tripped up. The answer is not black and white, even if we wish it were.

What the law says about employees getting to work

There is no automatic legal right to a paid day off because of extreme weather or travel disruption. For a normal commute to a usual workplace, getting to and from work is the employee's responsibility. Acas states this directly.

One important qualification: check your own contracts and policies first. If your employment contracts or an existing adverse weather policy already provide for paid time off during disruption, those terms apply and you cannot simply override them.

But the employer's duty doesn't end at the front door. Under section 2 of the Health and Safety at Work etc. Act 1974, employers have a duty to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees. Acas reflects this: employers should not encourage staff to travel when it is not safe, and should be flexible where travel disruption makes attendance difficult or impossible.

This week's UKHSA red heat-health alert, covering London, the South East, South West, East of England, East Midlands and West Midlands, sits squarely in that category. A red alert indicates a risk to life even for the healthy population.

The car vs train question

Two employees in genuinely different circumstances receiving different treatment is not unfair treatment, provided the decision is needs-based, consistent and documented.

Employment law does not require identical outcomes. It requires fair, consistent and documented decision-making. Treating people proportionately based on their actual situation is the correct approach.

One important nuance: if the employees relying on public transport disproportionately share a protected characteristic under the Equality Act 2010, for example, if they are more likely to be younger, from a particular ethnic background or have a disability that prevents them driving, differential treatment could give rise to an indirect discrimination concern, even where entirely unintentional.

The answer is not to treat everyone identically regardless of their actual risk level.

The answer is to make sure your process is clearly based on individual health and safety circumstances, not on the mode of transport itself.

Before making any deduction from pay or treating absence as unauthorised, investigate first. Stopping pay without understanding the reasons risks claims for unlawful deduction from wages and in more serious cases, constructive dismissal.

What good communication looks like

The thing that makes differential treatment go wrong is often the communication.

Tell the whole team early and clearly.

Something like this works:

"We're aware of the current heat-health alert and the disruption some of you are experiencing getting to work. We will look at each situation on its own merits. If you have concerns about travelling safely, please contact your manager as early as possible. We will always consider your individual circumstances and find a workable solution where we can. We ask that anyone who cannot attend, or expects to be delayed, lets us know as soon as possible."

That message does three things.

1. It signals you are paying attention.
2. It removes the mystery around why some people may not be in.
3. And it gives everyone, including the person who drives in without difficulty, the confidence that they would be treated the same way if their circumstances were different.

Employees who do make it in deserve acknowledgement too.

Recognising both, the person who adapted and the person who couldn't, is part of good people management.

If any of your employees drive as part of their job

Ordinary commuting by car is the employee's responsibility. But the moment an employee is driving as part of their working day, between sites, to clients, making deliveries, that travel is a work activity, and health and safety law applies to it in the same way it does to any fixed workplace.

Under the Management of Health and Safety at Work Regulations 1999, employers must carry out suitable and sufficient risk assessments of work activities. HSE is clear that this includes work-related road use.

During a red heat alert, that means actively checking the journey, the driver's fitness to travel and the conditions before sending anyone out on the road. It is not enough to leave that judgement to the driver.

Outdoor workers and on-site teams

For employees working outdoors or in hot indoor environments, the employer's health and safety obligations are also specific. HSE guidance for hot weather includes: rescheduling work to cooler parts of the day, providing more frequent rest breaks, shaded rest areas, cool drinking water, allowing removal of PPE during rest where safe and ensuring workers can recognise symptoms of heat stress.

For indoor workstations, practical controls include fans or air cooling, openable windows, shading from direct sunlight, moving workstations away from heat sources, cold water, flexible hours and relaxed dress codes where PPE requirements allow.

There is no legal maximum workplace temperature in the UK but heat is a recognised workplace hazard and employers must assess and manage it proportionately.

School closures and dependant leave

If a school or nursery closes due to extreme weather and an employee has no alternative childcare, they may have the right to take time off under section 57A of the Employment Rights Act 1996, the right to time off for dependants. This is unpaid unless your contract or policy provides otherwise. It should last only as long as necessary to deal with the immediate situation.

Employees must tell you why they are absent and how long they expect to be away as soon as reasonably practicable.

It is unlawful to dismiss or penalise an employee for taking this leave.

The case for having an adverse weather policy in the UK

If you don't have an adverse weather policy, now is a good time to create one. A clear policy reduces the scope for confusion on both sides, sets expectations about pay, sets out what employees are expected to do if they cannot attend and gives you a documented framework for consistent decision-making.

Would you like us to send one to you for free? Drop us an email to hello@whatifhr.co.uk with "Adverse weather policy" in the subject line and we will send you a copy.

The bottom line

Some people are less fortunate than others when it comes to getting to work. A gesture of goodwill in response to a genuine health and safety risk is not a reward for having a difficult commute. It is an employer doing what employers are supposed to do.

Treat each situation on its own merits.

Communicate openly.

Document your decisions.

Be proportionate and more cautious with outdoor workers, drivers on work journeys, pregnant employees, disabled employees and anyone who tells you they are medically vulnerable.

If you're not sure how to handle a specific situation, would like the adverse weather policy tailored for your business or want to talk through your options, get in touch.

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This article is general information only, not legal advice. Employment law is fact-specific and changes regularly. If you are facing a particular situation, speak to a qualified employment solicitor or HR adviser.