Too cold to work? Rules on getting day off during Ireland's -10C extreme weather snap
Ireland's freezing weather is causing chaos for commuters - and some may be wondering if there will come a point where it's too cold to work.
Ireland's cold snap is far from over - with Met Eireann warning that conditions will worsen as the week progresses. Multiple weather warnings have been issued ahead of further snowfalls and a significant drop in temperatures, potentially reaching as low as -10C.
The ongoing freeze is set to bring hazardous conditions across the country, with icy roads and challenging travelling conditions expected to persist throughout this week. This could pose a challenge for commuters heading to work.
As the freezing weather continues, you might be wondering what is the law when it comes to subzero temperatures - and if there are any conditions in which it might be unsafe to work.
Employment law and HR experts at Peninsula Ireland have clarified that, currently, there is no specific minimum temperature outlined by legislation for most workers, with the exception of office or sedentary workers. This means that, by law, there isn't a defined temperature at which the workplace becomes "too cold" to work.
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For manual workers, however, Peninsula has stated that the temperature must be "appropriate for human beings," considering both the working methods used and the physical demands placed on the workers.
Despite the lack of a specific legal threshold, COO Moira Grassick, emphasised that employers are still obligated to ensure the health, safety and welfare of their employees. She stressed that employers should consider the comfort of workers and ensure that the working environment remains reasonable, even if there's no direct law governing temperature.
She said: “The Safety, Health, and Welfare at Work (General Application) Regulations 2007 specify 17.5C as the minimum temperature for sedentary office work, or for other sedentary work that does not involve serious physical effort, a minimum temperature of 16C to be achieved and maintained after the first hour's work.”
Grassick recommended that employers consider adding more heaters to the workplace to help combat the cold. These should be checked regularly to ensure they are functioning properly and kept safely away from anything flammable
Relaxing the workplace dress code may also help to keep staff warm as they will be able to wear what is comfortable to them. She continued: “Be mindful of any employees who may particularly be sensitive to the cold. If it’s related to a disability then you have a duty to make reasonable accommodations to workplace practices to allow them to carry out their work, and to neglect this duty could result in claims of discrimination.”
Hybrid and remote workers also need to be looked after when the temperature drops. Grassick suggested that hybrid workers could be encouraged to spend more time in the office rather than at home. Remote workers should also be informed about available support options.
She said: “Employers should communicate the support options that are available to them. Some employers might introduce a contractual homeworking allowance, to provide financial assistance for employees to keep their heating on throughout the day, but this is not a legal requirement so organisations can implement schemes at their discretion. Employers can also remind their team of the Government’s Electricity Credit."
All domestic electricity customers will get €250 off their electricity bills, paid in two installments of €125, with the second due to be issued this month.
However, it will “likely” be the responsibility of the remote worker themselves to control the temperature of their working environment. Grassick finished: “If they were to refuse to work because of the cold weather, employers should first look at ways to enable them to continue, such as returning to the office, providing guidance on how to stay warm, or signposting to external support. However, if none of these options are available, staff could be given the choice of booking annual leave, using accrued time off in lieu or taking authorised unpaid leave.”
Meanwhile, the Workplace Relations Commission said: "Extreme and severe weather events can impact on an employee’s ability to report for work and an employer’s ability to operate his/her business and to be able to provide work."
It issued the following advice:
When an employee cannot attend work because of extreme weather events, is the employer obliged to pay the employee?
The WRC said: "In general, there is no statutory entitlement for an employee to be paid if they cannot attend work because of extreme weather. Any more beneficial arrangement is a matter for agreement between the employer and the employee.
"Employers are encouraged to take a long-term view of the working relationship, recognising that demonstrating concern for the welfare of employees and treating employees fairly translates into a better working environment to the benefit of both the staff and the employer.
Can an employee take annual leave days to cover the unforeseen absence from work?
"Employers may allow employees take annual leave for the day or days covered by the event in which case they would be paid.
Can an employee take unpaid leave to cover the absence from work because of an extreme weather event?
"This arrangement is a matter for agreement between the employer and the employee.
What happens where a roster needs to be changed at short notice?
"Normally, employees are entitled to notice of at least 24 hours of a roster change. However, this does not apply in exceptional circumstances as with extreme weather events.
What happens where the employer is unable to either open the premises for a few weeks because of the emergency or where there is no work – for example when there is a flood?
"In these circumstances the employer may put employees on a period of 'layoff'. An employer may lay off employees when there is no work available for a temporary period with that employer. If employees are laid-off then the employer is not obliged to pay employees. Laid-off employees may be entitled to Jobseekers Benefit or Jobseekers Allowance from the Department of Social Protection for the days they are not working.
Terms and Conditions of Employment
"Employers may have included policies and procedures in their contracts of employment to cover severe weather events which may include:
- "The taking of annual leave for the days absent to avoid employee loss of earnings
- "Agreement to work back the hours / days lost
- "Alternative opening days on a day where the business is normally closed
- "Working from home where feasible and practical
- "Working from an alternative location where feasible and practical
- "Or other beneficial arrangements
Resolving Issues
"We would encourage employers and employees to seek to resolve any issue at the level of the employment.
"Where issues cannot be resolved locally, the employee may make a complaint under either the Organisation of Working Time Act 1997 or the Payment of Wages Act 1991 or other relevant enactment to the Workplace Relations Commission Where the employer and employee are agreeable, the Commission may seek to resolve the matter by means of mediation. Otherwise, the complaint will be investigated by an Adjudication Officer. Every case is fact-specific.
"If you wish to seek additional information on your situation you may speak with an Information Officer of the Workplace Relations Commission at 0818 80 80 90 or 059 917 8990, Monday to Friday 9:30am to 5pm. The service is available for both employers and employees."
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