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Attendance for duty during periods of inclement weather or disruption to the public transport system policy

Contents

1 Introduction

Whilst the trust expects all employees to attend for work regularly in accordance with their contract of employment, it is recognised that there may be occasions during periods of exceptionally inclement weather when it is not safe or feasible for some staff to attend work.  There may also be occasions when there are significant disruptions to public transport or the transport network when it would be sensible for the principles of this policy to be applied.

2 Purpose

This document is intended to ensure that managers are aware of the options available to them when making decisions about employees pay and time lost to the service during periods of inclement  weather which have caused disruption to employees’ normal working or travel arrangements, and also on occasions when local or national or international travel disruption may affect an employee’s ability to attend for duty.

Additional to this policy the trust has published the following planning guidance, which should be read in conjunction with areas specific planning guidance and this policy, to aid informed solution focused decision making.

3 Scope

It is important that managers have the discretion to consider making appropriate payments to employees whose attendance is adversely affected by inclement weather conditions (for example snow, fog, heat or flooding).

Nothing stated below is intended to create precedents or to imply any formal agreement between management and staff side within the trust. Managers must decide individual cases on their merit.

In the event of a significant problem with disruption to public transport, or periods of adverse weather the application of this policy will be determined by the executive director of people and organisational development and communicated to the services via the agreed communication channels.

The impact of climate change upon the UK has seen severe weather fronts over the last decade, particularly with flooding, ice or snow and increased periods of heat. To that end, it is recognised that severe weather occurrences have the capability to cause considerable service disruption, which may affect the trusts ability to deliver ‘business as usual’.

This policy aims to ensure equal and fair treatment of staff is applied across the geographical footprint of the trust. It is acknowledged that individual circumstances may vary considerably, and therefore it is unlikely this policy will cover all eventualities. To that end, management discretion is encouraged on topics not covered by the policy.

The decisions to be made in the event of severe adverse weather conditions arising will be a balance between:

  • non compromised patient care
  • ensuring the safety of staff at work
  • the continuation of business continuity for essential services working in heat

A heatwave is triggered as soon as the met office forecasts that there is a 60 per cent chance of temperatures being 29C day and 15C night on at least two consecutive days (for Yorkshire and Humber) which will have significant effects on health. This forecast will normally be made 2 to 3 days before the event is expected.

The aim of the heatwave plan is to put in place contingencies to reduce risks to health from severe heat and works in conjunction with team business continuity plans.

4 Responsibilities, accountabilities and duties

All employees have a duty to attend work whenever possible. Employees affected by inclement weather  or travel disruption have a duty to contact their manager prior to their agreed start time and keep them updated in relation to any changes encountered.

Managers must give consideration to their business continuity plans when agreeing working arrangements linked to adverse weather conditions. Managers also have a duty to treat employees fairly and consistently when they have been unable to attend work because of adverse weather conditions or significant disruption to travel.

5 Procedure or implementation

In the interests of safety, employees should be mindful of the weather conditions and anticipate potential longer journey times and should try to plan for this.  Employees unable to attend work or delayed by weather conditions or disruptions to public transport or the transport network should contact their manager, or if they are not available, the most senior individual in the department as soon as possible prior to their agreed start time. To ensure, wherever possible, continued service delivery if the employee is unable to attend their normal base point the manager will discuss and agree with the employee, options for agile working to undertake their duties for that day. The manager will give full consideration to the weather conditions, local advice and police advice to ensure that the employee’s safety is not compromised in any way.

5.1 Experiencing inclement weather

When experiencing inclement weather, if some employees are not able to attend work, or arrive late, or need to leave early, this may result in short notice changes to the agreed roster. Given the urgency the timescales in the rostering policy and procedure cannot be adhered to.

5.2 Late arrivals

Where inclement weather conditions cause employees to arrive late for duty, they may be paid as though they had attended for their full duty times.

5.3 Difficulties getting to work

When employees encounter difficulties getting to and from their place of work, due to inclement weather or because there is disruption to the transport network, they should contact their manager, prior to their agreed start time. In these circumstances the manager must decide whether or not to grant a concessionary taxi, and, if so, how this could be achieved most economically and whether this is feasible due to  inclement  weather or disruption to the transport network. The manager and employee should also consider flexibility in relation to the base point and whether the employee can work from a trust base point which is the nearest to their home or place of stay rather than their usual base point.

5.4 Concession

Employees being granted this concession, section 5.3 will be required to pay the normal cost of public transport from home to base and this will be deducted directly from their salary. If an employee has to pay for the cost of the taxi they should obtain a receipt to confirm the amount paid and submit the claim through the e-expenses system, for this to be reimbursed minus the above.

5.5 Essential employees

The provisions of section 5.3 or 5.4 refer to those employees whose presence is deemed essential to the operation of the service.

5.6 When a manager decides

Where a manager decides that the weather conditions are such that employees can be released before their normal finishing time, those employees may be paid as if they had worked their full duty.

5.7 Employee unable to report for duty

Where employees are unable to report for duty at all, Managers should allow them to take the time lost as annual leave or unpaid leave or to make the time up at an agreed or acceptable later date. It is anticipated that when the employee and manager agree that the time will be worked back, then they will work the hours within one month of the agreement being made. Should the employee fail to work back the hours within the one month time period then the hours not worked back will be deducted from their next available salary. Alternatively, where the employee is able to work from home the manager may give consideration to allowing them to work from home to meet the needs of the service

5.8 Staff asked to remain on duty

It is acknowledged that there may be times where clinical staff are asked to remain on duty (following the completion of their normal shift) to work additional hours to maintain safe staffing levels.  This will be undertaken in consultation with employees to achieve the best possible outcome. Non-clinical staff may also be required to remain at work to cover for the absence of colleagues. In these circumstances employees will be paid for the additional hours in accordance with agenda for change (AFC) terms and conditions or their contractual terms and conditions.  Alternatively, should employees wish to take time off in lieu for the additional hours worked, this time will be granted at managers’ discretion ,at plain time rate.

5.9 Implementing the principles of this policy

When implementing the principles of this policy, wherever practicable, employees who work beyond their normal working hours will be offered meals and drinks, during the additional hours worked. In addition, where inclement weather affects the employees ability to return home safely, the employee should be given the opportunity where possible to remain onsite. Facilities across the geographical footprint of the trust, allow for intermittent short stays and therefore can be utilised to support staff safety. In exceptional circumstances, a third party provider may be used to provide suitable accommodation.

5.10 Pregnant employees

Careful consideration should be given to employees who are pregnant or who have a disability that affects their mobility, as they are more likely to have difficulties attending for work during periods of inclement weather and should not be encouraged to take unnecessary risks.

5.11 Travel options

Employees should be able to demonstrate that they have considered alternative travel options and taken reasonable decisions on the options available.

5.12 Considerations

All employees should be treated fairly, consistently, and equitably, bearing in mind individual circumstances and equal opportunities principles. Managers must also be mindful that by taking a sympathetic approach to affected employees they also ensure that such actions do not impact adversely on the loyalty, goodwill, and morale of the wider workforce.

5.13 Extreme weather whilst at work

Where the weather conditions become extreme whilst employees are at work, managers will give consideration to contingency arrangements, and this will be  discussed with the employee. Managers or employees are reminded that all areas have their own business continuity plans. Consideration will also be given as to whether assistance for employees is required to enable them to travel home following the completion of their shift, in the form of taxi transport, if this is available. Where possible consideration will also be given to providing on site stays for staff where rooms are available in close proximity to the working or base location. In these circumstances the provision of section 5.4 will apply.

6 Training implications

There are no specific training needs in relation to this policy, but the following staff will need to be familiar with its contents, trust managers and employees, and any other individual or group with a responsibility for implementing the contents of this policy.

As a trust policy, all employees need to be aware of the key points that the policy covers. Employees can be made aware through trust and local induction; Trust Matters; supervision or one-to-one meetings.

7 Monitoring arrangements

7.1 Numbers of employees unable to attend work during extreme weather events

  • How: Line managers or supervisors to note when taking calls about absence due to inclement weather or travel disruptions.
  • Who by: Care group directors, deputy care group directors and corporate heads of service to be notified if large numbers of employees are unable to attend.
  • Reported to: Executive director of people and organisational development.
  • Frequency: If an issue arises.

8 Equality impact assessment screening

To access the equality impact assessment for this policy, please see the overarching equality impact assessment.

8.1 Privacy, dignity and respect

The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, ‘not just clinically but in terms of dignity and respect’.

As a consequence the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided).

8.1.1 How this will be met

This policy does not relate to service users.

8.2 Mental Capacity Act 2005

Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals capacity to participate in the decision making process. Consequently, no intervention should be carried out without either the individual’s informed consent, or the powers included in a legal framework, or by order of the court.

Therefore, the trust is required to make sure that all staff working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005) to ensure that the rights of individual are protected and they are supported to make their own decisions where possible and that any decisions made on their behalf when they lack capacity are made in their best interests and least restrictive of their rights and freedoms.

8.2.1 How this will be met

This policy does not relate to service users.

10 References

  • NHS Terms and Conditions of Service Handbook.

Document control

  • Version: 6.1.
  • Unique reference number: 234.
  • Date approved: 28 December 2023.
  • Approved by: Corporate policy approval group.
  • Name of originator or author: People experience advisor.
  • Name of responsible individual: Director of people and organisational development.
  • Date issued: 8 January 2024.
  • Review date: November 2025.
  • Target audience: All staff and managers.

Page last reviewed: September 23, 2024
Next review due: September 23, 2025

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