Over the past few weeks, major snowfall has disrupted many local businesses. Traffic chaos and temporary suspension of public transport have meant some workers have been unable to attend the workplace. With forecast of further snowfall, Mark McKeating of Hill Dickinson LLP considers whether local businesses are required to pay their staff for a “snow day”.

Does an employer have to pay employees who cannot attend work?

In broad terms, if the workplace is open, and unless it is expressly provided for in the contract of employment, then the answer is no.  Employees have a duty to attend the workplace unless they are sick, on annual leave or have some other authorised absence (e.g maternity leave).

Therefore, any employee who fails to turn up to work because of being “snowed in” is absent without authorisation. As an employer you have the legal right to deduct pay for the days the employee is off work.

However, a degree of caution should be exercised. The employer should consider whether it is in the best interests of their business not to pay employees. Deducting wages from employees “snowed in” could lead to a long term loss of morale amongst staff.

The employer should also have regard to the employee’s circumstances, for example, has the employee taken time off to look after their child following a school closure.  Penalising any employees in this predicament could potentially expose your business to a claim of discrimination. 

Can the employer offer any alternatives?

We recommend that the employer considers alternatives to accommodate the employee’s absence. Examples are: -

• Working from home.
• Propose that the employee takes the day off as holiday.
• Reach an understanding that the employee will make up the lost time in due course.
• Suggest to the employee that they take the time off as emergency dependant’s leave if schools close and they are required to look after their children.

“S-no-w excuse”?

If you have a reasonable belief that the employee is using the snowfall as a false excuse for their absence from the workplace, then it may be appropriate to consider disciplinary action. 

Minimising future disruption

In the short term, communicating to employees that any further time off due to “snow days” will be made up or taken as a holiday may act as a sufficient deterrent to those employees abusing the current position to their advantage.

In addition, employers should consider introducing an “adverse weather policy” or amending its current absence policies to cover “snow days”, so that their employees will know what is expected of them and the options they have if they are “snowed” in.

Should have any further questions on any of the above issues or other employment law queries you can contact Mark McKeating on 0151 600 8000 or mark.mckeating@hilldickinson.com

Visitors to Liverpool Chamber may notice some new works of art going up around the place.

The works are being rented from Chamber member Dot Art. We’ve brought them in to brighten up the old place, modernise the building’s decorations and highlight some of the many talented artists from the region.

The works range from the highly figurative through to the exclusively abstract, which will hopefully mean there’s something to suit everyone. Featured artists are Nathan Pendlebury, Val Robinson and Grahame Ashcroft.

We’ve got statements from the artists about their work. Click ‘more’ to read them.
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Liverpool City Council is currentlyconsulting on a proposed amendment to its Licensing Policy which would have the effect that all new films exhibited at premises within the City which contain any images of smoking would be given an “18” classification if they have not already been classified as “18” by the British Board of Film Classification (subject to two specific exceptions).

This would mean that only persons aged 18 or over would be admitted to see such films.

The proposed amendment follows a request made to the council by the Liverpool Primary Care Trust. This has the potential to have a significant impact for local businesses and residents and in determining whether or not to implement the proposed amendment the council is keen to gather the views of those who will potentially be affected - both stakeholders and the general public.

Please take some time to visit the council’s website and read the information provided before completing the stakeholder questionnaire to give your views. The website can be found at: www.liverpool.gov.uk/smokinginfilms

Replies to this Consultation should be received no later than 4pm on the 12th October 2009.

Please note that a full public consultation on this proposed amendment will commence on the 10th August 2009.

Chamber member Rippleffect have had two projects shortlisted in the Best Marketing Project for the prestigious TMP Tourism Awards.

The Creamfields online personality game that helped boost ticket sales for the 2008 Creamfields Event and The Anfield Experience website that shows off the fabulous once in a lifetime attraction at Liverpool FC are the projects that the judges deemed worthy of shortlisted status.

The awards ceromony takes place at the BT Convention Centre on the 18th June.

Andrew Binns of Rippleffect said “…last year we had two projects shortlisted and didn’t win so we hope to go one better this time around…”

Another Chamber member has got in touch with a good news story.

The West Tower Country House Hotel in Aughton has been nominated for Small Hotel of the Year in the sixth annual Lancashire and Blackpool Tourism Awards ceremony.  The Awards are taking place on Wednesday 10th June 2009 at Ribby Hall Village, Wrea Green when the winners in thirteen categories will be announced.

Jennifer Stirrup, Resident Manager at West Tower, said ‘We are absolutely delighted to be nominated for this very prestigious award. Being recognised for the Small Hotel of the Year, is fantastic for all of the staff that work so hard to achieve the standards of service we are able to offer our guests.  We consistently strive to improve our services and facilities for both our local and national clientele, and we hope to be able to bring the award to Aughton to promote the growing tourism in the area.’

If you’re a Chamber meber and have had some good news despite the gloom, why not let us know. We’ll make sure we tell the world! Email Nick with your success story.

Chamber member The PC Support Group has clinched a number of new customers as it continues to expand and defy the economic slowdown.

The IT support company signed up seven new clients after an influx of new business in May alone.

As part of its expansion, Merseyside-based The PC Support Group has also seen an increase in firms with more than 50 PCs seeking support.

It now has 450 clients in its portfolio, with just over half of these on Merseyside.  Latest recruits include wholesale clothing importers Simon Black Ltd and Neston Tank Cleaners.

Managing Director Phil Bird says the company is moving towards healthy mid-year results after a strong start to 2009.

“The Merseyside operation is now in its fourth full year of trading and to experience a profitable and controlled growth in turnover in the current market says a lot about our strengths, he says.

“In May alone we can report over 50 new PCs on contract.  A number of these are from larger companies looking to save on their IT support costs.

“The increase in firms with more than 50 PCs appears to be directly related to companies looking to reduce the current in-house support costs due to the economic climate.

“Our emphasis remains on providing superb customer service using corporate, quality systems combined with local, friendly support.”

In 2008 the company announced plans to expand nationwide and operates a successful franchise network across the UK including branches in Edinburgh and Harrow.

Its services include one-off problem solving, on-going maintenance, data recovery and backup, broadband installation, virus protection and removal and PC or entire Office set-up.

Clients include Antal International, a worldwide recruitment company, and national firm Auto Windshields.

Phil added: “We continue to innovate and invest in our company, giving us a strong platform for further growth for the rest of 2009 and beyond.”