Employees’ rights during Storm Darragh

Remember red weather warnings are a danger to life. They are rare but they shouldn’t be ignored.

1. What are my rights if I am meant to be working during Storm Darragh?

Your rights depend on your employment contract and the specific circumstances. If your workplace remains open, you are generally expected to attend work as usual unless it is unsafe for you to do so. Employers are encouraged to consider alternative arrangements during extreme weather. This may mean asking you to come into work later than usual, asking whether you can work from somewhere else, or asking you to do other work that can be done from home.

If you cannot attend work due to weather-related travel issues, your employer is not legally required to pay you unless your contract or company policy states otherwise. However, many employers will use their discretion to ensure fairness, especially during extreme weather. However if an employer grants some staff paid leave, they will need to grant everyone paid leave so not to leave themselves open to claims of discrimination and unfavourable treatment.

2. Can my employer make me take unpaid leave during a red weather warning?

Yes, but only in certain circumstances. If you are unable to attend work because of the storm, your employer may treat your absence as unpaid leave unless your contract specifies otherwise. Some employers may allow you to take paid holiday or work flexibly to make up the time later.

However, as a red weather warning is in place, employers have a duty of care to ensure the safety of their staff. They have to assess the risk and decide what is best.

Forcing an employee to travel in unsafe conditions could breach health and safety obligations. Open communication with your employer about alternative arrangements is key. Some employers may feel they need to remain open as they provide a service to key workers (police, paramedics, doctors etc) and as there is a reduced need for their service due to the storm they can have more staff off.

3. What if my employer closes my place of work, will I be paid?

If your employer decides to close your workplace due to Storm Darragh, you should still be paid for any scheduled shifts. This is because the decision to close the workplace is beyond your control, and withholding pay in this situation would likely breach your contract.

If you are able to work from home or another location, your employer may ask you to do so. For hourly-paid or casual workers, the right to pay during workplace closures will depend on the terms of your contract.

We hope this helps. If you do not have an Adverse Weather Policy in your organisation, you can get one here.