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Work closed on snow days

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  • 12-03-2018 6:36pm
    #1
    KatieBelle92
    Registered Users Posts: 46 ✭


    Hi all

    Sorry if this has been asked already, I had a quick scan of the other threads and my situation seems a bit different.

    My company closed their premises of business for the snow days last week. I received a text saying that my place of work was shut but that I should be on standby in case cover was needed. I heard nothing further and kept an eye on my work phone in case they decided to reopen (I only live a short distance away).

    We have now been told that we need to take annual leave or work back the hours. There's a few articles on Google that say if your place of work is shut and it's outside your control then they cannot make you take leave. Anyone have any info?


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    #2
    Batgurl
    Registered Users Posts: 1,208 ✭✭✭Batgurl


    They can’t force you to take leave but they don’t have to pay you either.

    Poor form of them to ask you to be on standby though and I’d be looking for something (perhaps time in lieu) for that but you’re not entitled to be paid if your employer shut shop.


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    #3
    _Brian
    Registered Users Posts: 18,515 ✭✭✭✭_Brian


    Taking holidays is at your discretion as your employer must give you a month’s notice to force you to take annual leave.
    Since you didn’t work they are entitled to stop your wages for those days.

    I don’t think looking at your work phone a few times means much to be honest.

    Allowing you to work back the time is a way of paying you for time you didn’t work and then letting you work that back, might be the best option if you don’t want to loose money.


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    #4
    KatieBelle92
    Registered Users Posts: 46 ✭KatieBelle92


    _Brian wrote: »
    Taking holidays is at your discretion as your employer must give you a month’s notice to force you to take annual leave.
    Since you didn’t work they are entitled to stop your wages for those days.

    I don’t think looking at your work phone a few times means much to be honest.

    Allowing you to work back the time is a way of paying you for time you didn’t work and then letting you work that back, might be the best option if you don’t want to loose money.

    Ok thanks. I thought it was different since I didn't have the option to work even though I was available.


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    #5
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    A family member has the same problem. This is the gist from what he told me. He actually got to work on the first big snow day but that night he received a text from his manager saying the shop would be closed the next day and not to go in so he stayed home. I think he said after two days he was texted to go in which he did but the rest of the staff including the manager couldn't get in. Now he's told the days he was told to stay home he has to take as holidays. I personally think this is wrong and funnily enough I was listening to the business expert Bobby Kerr on Newstalk today and he said (a) check your contract re. bad weather and (b) if they closed the office and you can't work from home they can't make you take the days as holidays and (c) the employer has to give you notice that you have to take holidays. Anyone else agree with him?


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    #6
    Batgurl
    Registered Users Posts: 1,208 ✭✭✭Batgurl


    Everyone agrees with him. They don’t have to take holidays. But they also don’t have to be paid for them if they didn’t work. The employer probably thought they were helping by taking holidays and not leaving them short that week. The alternative is they take it as unpaid leave.


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    #7
    _Brian
    Registered Users Posts: 18,515 ✭✭✭✭_Brian


    Employers need to give a month’s notice to force employees to take annual leave for any reason.

    Saying to take leave is giving them the option to be paid for these days.

    I’m sure all employers will be happy to stop pay for the days and leave annual leave as is.

    But not all employees want to loose two/three days pay and so taking annual leave is a solution.

    This is not employers “pulling a fast one” or “being mean”. Imagine an employer where you have 25 employees and they all expect 3 days off due to snow on full pay while the business is strangled for those days, that’s 75 paid days with no return for the business, I can’t see how people think that’s acceptable.


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    #8
    Jellybaby1
    Closed Accounts Posts: 7,108 ✭✭✭Jellybaby1


    Thank you, yes I see the situation more plainly now. This chap is being paid less than a living wage and finding just getting from week to week a bit of a stretch so of course can't afford to lose a penny so he will have to take the days as holidays.


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    #9
    _Brian
    Registered Users Posts: 18,515 ✭✭✭✭_Brian


    Jellybaby1 wrote: »
    Thank you, yes I see the situation more plainly now. This chap is being paid less than a living wage and finding just getting from week to week a bit of a stretch so of course can't afford to lose a penny so he will have to take the days as holidays.

    Remember it’s shoukdnt be an all or nothing. He could split it and take some each way if that suited better.


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    #10
    beauf
    Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    I don't see why companies were not prepared for this and tell staff before the leave was taken not afterwards.


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    #11
    Avatar MIA
    Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    _Brian wrote: »
    I don’t think looking at your work phone a few times means much to be honest.

    No, it doesn't, but he was on call, that's entirely different as the day wasn't his own. He couldn't kick back, open a six pack and do what he liked.

    So, the company is being very unfair in this instance.

    I think a lot of companies would fair worse from the negatives of treating the staff unfairly than paying the staff for the time.

    In some cases the company may not simply be able to afford that. That needs to be explained to the staff and not just a top down decision without explanation.


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    #12
    _Brian
    Registered Users Posts: 18,515 ✭✭✭✭_Brian


    Avatar MIA wrote: »
    No, it doesn't, but he was on call, that's entirely different as the day wasn't his own. He couldn't kick back, open a six pack and do what he liked.

    So, the company is being very unfair in this instance.

    I think a lot of companies would fair worse from the negatives of treating the staff unfairly than paying the staff for the time.

    In some cases the company may not simply be able to afford that. That needs to be explained to the staff and not just a top down decision without explanation.

    I get the impression it wasn’t an arranged “on call” status, people need to pin this stuff down at the time not let this wishy washy be on standby in case your needed. OP should have claridlfied there and then if they were on call.


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    #13
    Avatar MIA
    Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    KatieBelle92 wrote: »
    I received a text saying that my place of work was shut but that I should be on standby in case cover was needed.
    _Brian wrote: »
    I get the impression it wasn’t an arranged “on call” status, people need to pin this stuff down at the time not let this wishy washy be on standby in case your needed. OP should have claridlfied there and then if they were on call.

    Clear to me.


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    #14
    _Brian
    Registered Users Posts: 18,515 ✭✭✭✭_Brian


    Avatar MIA wrote: »
    Clear to me.

    If it were so clear how come there is a problem now.


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    #15
    Avatar MIA
    Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    _Brian wrote: »
    If it were so clear how come there is a problem now.

    Hah, you know some people in the world are duplicitous and will try and get away with things. In this case the employer seems to be looking for someone to order their day around them, and expect it to mean nothing.


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