Teachers' pay for school closure/snow days

[creditcruncha]

If a school is closed due to bad weather, and thus there is no opportunity for a teacher to work, is a teacher entitled to pay for that cancelled day?

 

Normally a (harsh) employer can insist that snow (or similar bad weather) days not worked be taken as annual leave (provided such policy is in the contract, or published in advance); but many teachers who recieve pay during winter & summer holidays and half-terms have it stipulated in their contract that their salaries include payment for holiday pay and thus that their annual leave should be taken during the school holidays - which means that there would be no term-time days remaining to take paid annual leave so would a snow day of school closure then result in entitlement to pay or legitimate deduction of wages?

[saintly_1]

I would be interested in the answer to this as well although not a teacher I am a cook in a school that has been closed due to the conditions.

My pay is 'equalised' over the 12 months so that my income is the same each month and as such have no 'holiday entitlement' for term times . Today I was informed that tomorrow the caretakers will be in and we in the kitchens must go in even though there will be no pupils in the school if we fail to attend then we will not get payed.

[creditcruncha]

Saintly, your situation seems to present an interesting twist as employers have a duty of care and it seems difficult to understand why you would be forced to come in and travel during such trecherous conditions (unless perhaps the employer's overriding concern is to be sure you will feed yourselves? - just joking).

[saintly_1]

Well caretaker is in for 2 hours ....... and I have to be in as well must be to make him coffee ;-)

[creditcruncha]

Well caretaker is in for 2 hours ....... and I have to be in as well must be to make him coffee ;-)

 

Hopefully the caretaker will be de-icing adequately and safely so that neither of you, nor anyone else, will slip on their bum or worse.

 

Still nobody willing to comment about the issue of entitlement to pay on snow days.... intriguing.

[saintly_1]

Well I got in work along with 2 of my kitchen assistants only to get a phone call saying we could go home !!!!!

[creditcruncha]

IMHO, a shrewd administrative/managerial decision from the perspectives of Health & Safety concerns and prospects of personal injury claims. Glad to know you returned safe and warm!

 

Still nobody with insights about the orginal query of this thread, though...

[elche]

If a school is closed due to bad weather, and thus there is no opportunity for a teacher to work, is a teacher entitled to pay for that cancelled day?

 

The current exceptional weather raises interesting questions in employment law.

 

In order to attempt to answer your question it is important to firstly make one point clear.

 

There are 2 circumstances that an employee could face due to the snow:

 

a) I cannot attend my workplace or:

b) I could attend my workplace, and am prepared to do so, but my employer has told me not to because they are shut due to the weather.

 

Point B is clearer - The employee has been 'laid off' for the day. This lay off was either permitted by a term of the contract (or custom and practice), and as such the employee is entitled (as a minimum) only to stat guarantee pay @ £21.50 (or such amount as was specified in relevant term of the contract); or there was no such contractual entitlement, and as such the employee willing and able to attend the workplace should be paid approximately their entire salary due.

 

Point A - Is a moot point, and I have heard a solicitor specialising in employment (a partner nonetheless) on PM radio 4 yesterday and today defend the position that not to pay in such circumstances could be viewed as an unlawful deduction from wages.

 

After hearing this on my way home, I nearly rang in work on to apologise for my poor advice as I had been telling clients all day, 'If an employee does not attend work due to snow, then technically they are in BOC and have no right to payment of wages'

 

I think the point is arguable either way and may depend on how the 'Payment of Wages' clause is worded in your contract, but I still prefer the general position that, 'If your workplace is open on a day you are contractually obliged to attend work, then, should you not attend, then you are in BOC and cannot rely on the same contract to demand wages for that day'

 

Normally a (harsh) employer can insist that snow (or similar bad weather) days not worked be taken as annual leave (provided such policy is in the contract, or published in advance);

 

I wouldn't necessarily agree. The employer's position that you allude to would definitely be permissible if the contract provided for such AND the leave that would be taken was contractual entitlement to annual leave above the statutory minimum (i.e. normally those days above 28pa for FT employee)

 

As regards statutory entitlement to annual leave, this can only be imposed if the correct notice is given the '2 for 1 rule' (my phrase). i.e. if an employer wants to force annual leave on an employee that represents part of that employees entitlement to annual leave under the WTR ( i.e. the 28 days for FT worker), they must give that employee twice the notice of the leave they want you to take.

 

Thus if they want you to take 1 week, they must give you 2 weeks notice.

 

Hope this partially helps - and I must add that some issues regarding non-attendance at work due to snow are potentially argued more than one way legally right now, and often may turn on the wording of that particular employee's contract - and as such generalisations are difficult.

 

Che