Richard Nicolle on BBC1 on employment rights when snow disrupts travel to work

06 January 2010

Richard Nicolle appeared on BBC1 discussing employee and employer rights when snow disrupts travel to work.

When asked whether employers would be able to withhold pay from employees who could not get to work on account of snow, Richard said: "In most instances, it will not be possible for employers to simply deduct pay.  Unless an employment contract specifically provides for the deduction of pay when an employee is unable to attend work as a result of adverse weather conditions, or the employee consents to the deduction, this would constitute an unauthorised deduction from wages.  However, a different position would exist if the individual's contract of employment provides for payment to be made in accordance with work undertaken." 

In the case of individuals who didn't make appropriate efforts to get to work, Richard said: "If an employee fails to make all reasonable efforts to attend work, it could amount to a disciplinary offence.  This will depend on the availability of rail and other transport services.  It is important that an employer adopts a consistent approach."   When asked whether homeowners could be liable for visitors slipping on icy paths, Richard said: "Whilst a homeowner has potential liability for negligently incurred loss as a result of the state of their property, this would be extremely unlikely to apply in the case of slippery paths.  However, an additional onus will exist on the owners of business premises to ensure that they are safely accessible both to employees and visitors."