Closed due to snow, deducting staff pay

Itchytrigg

Itchytrigg

Itchytrigg

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Joined
27 Jan 2009
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Oxfordshire
Looking for advice as I'm pretty mad about this.

My wife's work closed due to snow recently, like a lot of companies in the area. Her work cannot be done remotely, another site is possible (if they had need for extra staff) but was not offered/requested.

The choice was made by the area manager to close the location at about 6 am last Friday morning and has now decided that all the staff will be unpaid for that day.

They are all permanent contracted employees. My wife is "part-time" at 30 hours per week, in case that makes a difference for her case, however no members of staff at the location will be paid including the full time staff.

From what I find online, this should not be permitted (https://www.gov.uk/travel-disruption-your-rights-at-work) however it's wording includes "usually" to keep it vague.

What recourse is there? Her direct manager (who runs the site) is fighting this but getting no where and being told this is legal.

To me, it's not the money, it's the principal and shows zero respect for hard working staff who barely make above minimum wage anyway.
 
Thanks chaps, will find her contract to check (been there for about 10 years so that might be difficult!). She is contracted for 5 days a week 6hr days, she was full time but went part time after the kids were born.

To be honest, the chances of her going to work were slim to none and fully expected to have to make the hours back if that was the case, as she has done before when this or childcare has been needed. This time the employer is not asking that, nor even asking they take as holiday, just straight up you are not being paid. Historically when they have closed they have paid everyone if that makes any difference.

As mentioned, they are treating all employees the same regardless of contracted hours or status so it's not that she's been singled out here.
 
-westy- said:
Does the site have an inclement weather policy?

Ours was conveniently recirculated last week: If the employee chooses not to come into work then they must take that day unpaid, or use a day's holiday pay. However, if the site manager chooses to close the site then we all have a day's pay. I'm surprised that it would be legal to close the site and not pay employees - it's not exactly their fault that they can't go into work on a closed work site!
Click to expand...

Trying to see if that policy can be located along with contract. Latest today is they are not backing down in the challenges the manager is posing so far.

EDIT: Found the employee handbook, the only notice I can find in here is related to Lay off/short term working. "If a situation arise where there is a reduction of work, or there is any other occurrence that affects the normal running of the business, the [business] has a right to either lay off without pay other than statutory guarantee pay or implement shorter working hours"

"The [business] will pay statutory guarantee pay in accordance with the current Government regulations".

So this is the most likely policy they could try to apply, however they don't appear to be following this given the refusal of pay at all. The guarantee pay amount is a pittance to be honest...
 
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Correct. They do close over Christmas for a couple days which they do have to use holiday for, but that is part of their contract/employee hand book, I also think that's reasonable given they are all aware of it. My company use to do that till recently as well but instead now opt to give them to us as company holidays.

There appears to be no more budging on this so the holiday "offer" is being taken whilst then following up with citizens advice. Another employee was doing that but has now dropped it as they're going to be paid a couple hours as the managed to do some paper work from home (they're one of maybe 2 that could do that).

As I put it to my wife, even if this is legal, the way in which they have chosen to manage it has just angered an entire office over what is at most £2K (educated guess based on wife pay + 25%) with the only possible outcome of angering everyone. It's another, and hopefully final for my wife, showing that they care zero for their staff and don't even try to hide it.
 
They are typically a work place that demand you get in no matter what. About 10 years back my wife was pressured into going in and crashed her car (just into a curb, nothing major) as she didn't know how to drive in the snow. I still recall them asking her if she could get a bus the rest of the way when she told them what happened and reminder her she'd need to make the hours back. They're also the work place where illness doesn't exist, you will go in no matter what.

For me, it's about setting expectations. Based on the rare occasions they have closed they paid everyone, so why was this one different? As mentioned, they've semi-backed down and it's now taken as holiday and they are apparently putting together a policy for closures which they should have had before really.

To take a positive from this experience, it's given my wife the push to find a better work environment.
 
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