Challenges at work in the winter

The colder months introduce a variety of challenges at work in the winter, from harsh weather conditions impacting commutes to seasonal illnesses affecting attendance. Navigating these difficulties requires thoughtful approaches to support both employees and workplace operations.

Here are six winter workplace challenges that every employer should address to uphold legal compliance, prioritise employee well-being, and maintain smooth operations.

1. Employees commuting to work

While employers are not legally obligated to ensure the safety of their employees during their commute, they must carefully consider how their decisions impact their duty of care. 

Forcing employees to travel in hazardous conditions may violate the implied duty of mutual trust and confidence. Employers may face constructive dismissal claims if an employee were to resign for unfair treatment. These claims can harm an organisation’s reputation and result in costly legal disputes. 

To reduce risks and demonstrate a commitment to employee well-being, employers should implement proactive strategies that prioritise safety and flexibility. 

Allowing employees to work from home ensures their safety when commuting becomes unsafe. Employers can also offer flexible working hours which can help employees avoid travelling during peak hazardous times. Employers should also consider permitting emergency leave or holiday allowance during adverse conditions. 

Maintaining regular communication about weather updates, travel disruptions, and alternative working arrangements also demonstrates a proactive and supportive approach to effective risk management. 

2. Workplace temperature

As winter brings colder weather, employers must address workplace temperatures to ensure the safety and comfort of themselves and their employees. Employers in the UK are required by the Workplace (Health, Safety, and Welfare) Regulations 1992 to keep indoor workplaces at a ‘reasonable’ temperature. 

While no maximum temperature is specified, the Health and Safety Executive (HSE) recommends a minimum of 16°C for most workplaces and 13°C for those that require significant physical activity. 

During the winter, employers should proactively monitor workplace temperatures, using thermometers to identify areas where temperatures may fall below recommended levels. If central heating is insufficient, additional measures, such as portable heaters or enhanced insulation, should be introduced to maintain a comfortable environment. 

Employers may also consider relaxing uniform or dress code policies to allow employees to wear appropriate seasonal clothing. Practical steps such as providing warm drinks, reducing drafts, and ensuring that communal areas such as break rooms, are adequately heated can help to improve employee well-being.

3. Workplace closures

When severe weather, such as heavy snow or storms, forces a workplace to close, employers must carefully consider their obligations to employees who are available to work.  

Employees should receive their regular pay unless their employment contract explicitly states otherwise. For example, if contracts include provisions for unpaid layoffs or alternate arrangements during closures, these terms may apply. Businesses may consider layoffs for roles where remote work is not feasible, as long as they are permitted by the employment contract.  

Layoffs enable employers to temporarily halt operations without terminating employees. During this time, employees are entitled to statutory guarantee pay (SGP), which is currently set at £38 per day for up to five days per three-month period. This is significantly lower than full pay, which may have an impact on employees’ finances and morale.

4. School closures

When schools close unexpectedly due to severe weather or other emergencies, employees may be required to take time off to care for their children.  

In such cases, UK law establishes a statutory right to unpaid leave to handle unexpected situations involving their dependents. This is typically short-term and intended to address immediate needs.  

For example, an employee might take a day or two to organise alternative childcare arrangements. It’s important to note that this right does not guarantee paid leave unless explicitly stated in the employment contract or company policies. 

However, some employers go beyond the statutory minimum, providing paid dependants’ leave as an additional benefit. Employees should review their contracts or workplace policies to understand which provisions are in place. Employers who provide paid leave often find that it improves employee satisfaction, morale, and loyalty.

5. Employees unable to get to work

Severe weather can create significant challenges for employees attempting to reach their workplace.  

In such scenarios, employers should explore practical solutions that we have mentioned in the above four points, such as allowing employees to work remotely, if feasible, or suggesting they take the day as annual leave. However, if neither of these options are possible, employers may be forced to mark this as unpaid leave. 

The legality of deducting pay for employees who are unable to travel to work due to bad weather remains a complex and unsettled area of employment law. Generally, employees who are unable to attend work are not fulfilling their contractual obligation to be ‘ready and willing’ to work and therefore might not automatically be entitled to their usual pay. However, wages should not be deducted if an employee’s inability to work is due to ‘unavoidable impediment’, which includes severe weather conditions. 

The extent to which severe weather conditions qualify as an unavoidable impediment has not been definitively clarified by courts, leaving room for interpretation and potential disputes.

6. Managing sickness

Colds, flu, and other seasonal illnesses are common during the winter, which can have a significant impact on workplace attendance. Employers must strike a balance between maintaining productivity and promoting employees’ health and well-being. Clear policies and a compassionate approach are essential for effectively managing illness during this period. 

Many employers include enhanced sick pay as part of their contract terms, providing additional financial support during times of illness. Employers should ensure that their sick leave policy is well communicated and consistently applied to avoid misunderstandings or disputes. 

Encouraging employees to stay home when they are truly ill helps to prevent the spread of illness in the workplace. Where possible, businesses should offer home working for those with mild symptoms to help balance productivity and reduce contagion risks. 

Preventive measures can also play a significant role in reducing winter sickness rates. Employers should encourage flu vaccinations, either by subsidising them or setting up on-site clinics. Regular handwashing, the use of hand sanitisers, and adequate ventilation in the workplace can all help to reduce the spread of viruses.

How can Sapphire HR help?

At Sapphire HR, our team of experts are here to guide your businesses through the unique challenges at work in winter, offering tailored advice and support to keep your operations running smoothly.  

Whether it’s drafting flexible policies, managing employee absences, or ensuring your business remains legally compliant, we take the stress out of handling HR issues. 

We can provide specialist knowledge and resources to businesses across all sectors. Through our HR Unlimited plan, our expert team can provide advice, policy updates, tailored employment contracts, and more. Our services are designed to adapt to the needs of your business, ensuring you’re prepared for whatever challenges at work the winter may bring.  

Contact a member of our team today to learn more about how we can support your business.