Cold weather: do you have to work as warnings for snow and ice in force - your employee rights
School closures and weather warnings could leave employees unsure of their rights ❄️
- Hundreds of schools have been shut and flights cancelled as weather warnings remain in force
- Workers aren’t automatically entitled to stay home, but employers can’t demand unsafe travel
- UK law requires employers to follow health and safety duties and consider home working
- Staff may need to use annual or unpaid leave if they can’t attend, depending on workplace policy
- Amber warnings mean severe disruption, and workers are protected if they refuse genuinely unsafe travel
Hundreds of schools have been shut and flights cancelled as weather warnings remain in force with snow bringing disruption.
Amber weather warnings were in place for snow until 10am in parts of Scotland, forecasting “heavy snow” and travel disruption, while yellow warnings for snow and ice cover much of the UK.
A number of schools across England, Scotland, Wales and Northern Ireland are shut on Monday, while flights have been cancelled and some train lines are also affected.
Employees may be wondering if they are required to travel in to work amid travel disruption and school closures.
Here is everything you need to know.
Do I have to go to work in cold weather?
UK employment law doesn’t give workers a blanket right to stay at home during severe weather, and your contractual obligations still apply.
But crucially, employers cannot force you to travel in conditions that are genuinely unsafe, nor can they ignore their duty of care.
If heavy snow, black ice or amber warnings make your commute genuinely dangerous, contact your employer as soon as possible, explain the situation, and discuss alternatives such as home working, flexible hours, or using annual or unpaid leave.
Amber warnings mean travel is likely to be severely disrupted, and employers are advised by the Health and Safety Executive (HSE) to be “flexible and supportive” when staff cannot safely commute.
What are my employer’s legal responsibilities?
Under the Health and Safety at Work Act 1974 (the Health and Safety at Work (NI) Order 1978 in Northern Ireland), employers must take reasonable steps to ensure the health, safety and welfare of employees. In cold weather, that includes:
- Not encouraging staff to travel if it’s unsafe – especially when police or Met Office guidance warns against it.
- Allowing home working where possible – if your job can be done remotely, employers are expected to consider it.
- Providing a safe workplace – including grit on pathways, safe temperatures indoors (at least 16°C for most work), and clear procedures for emergencies and absences.
If an employer insists you attend work despite dangerous conditions, and you reasonably believe travelling would put you at risk, Section 44 of the Employment Rights Act protects you from being disciplined for refusing unsafe work.
[Note: Northern Ireland has its own parallel legislation offering similar protections]
Will I be paid if I can’t get in to work?
This depends on your employer’s policies. Some continue to pay staff or allow remote work. Others may require you to take annual leave or unpaid leave if you can’t reasonably attend.
But employers who punish staff for not risking dangerous travel during amber warnings may open themselves to disputes, specially if alternatives like working from home have not been considered.
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