What are the employment rules when your operations are disrupted by extreme weather?

Hurricane Melissa has just wreaked havoc across the Caribbean, with maximum sustained winds of as much as 185mph. Thankfully, when we talk about extreme weather in Ireland it tends not to be that extreme!

But the weather here is still more than capable of serving up danger and disruption. Storm Amy, our first named storm of the 2025/26 season, hit in early October. Its maximum windspeed was 80mph but it still sadly claimed one life in Ireland.

Whether it is a storm, flooding, arctic conditions or something else, there are plenty of different ways in which the weather could cause business interruption. This could take the form of employees not able to reach work, property damage to your premises or market closures, say because you have no produce or customers cannot reach you.

But how should you manage your employees in these kinds of scenarios? Here is a look at your options and best practice.

Check your terms and conditions of employment

Before we look at specific scenarios, we urge that your starting point is checking the terms and conditions of employment which you offer. You may have specific clauses in these which supersede the more general advice below, for example giving employees a contractual entitlement to be paid and then they work back the hours they are absent.

As a general principle, too, we suggest where possible having your default position as one where you work with employees to find a mutually satisfactory solution, especially where you value the long-term staff relationships.

When you cannot open the business due to disaster…

You are quite well protected if you are unable to open your business due to extreme weather. If there is no work available temporarily, you have the option to place employees on a period of “lay off”. You have no obligation to pay them whilst on lay off, but they may be able to seek government benefits, so they have a measure of protection.

Normally, you need to give staff at least 24 hours’ notice if you are changing their roster, but there is an exemption for this requirement for extreme weather.

It goes without saying, that the longer the lay off period is, the greater the impact on your business and staff, so think carefully to make sure you make the right decision.

When employees are not able to attend work because of extreme weather…

The flip side of this is that you have a company open for business, but staff cannot get in because of the weather. Your options will depend on their roles. If they perform a computer-based job, then since the pandemic you may be well set up for them to work remotely.

If they cannot do this, say they are not set up for it, or they need to be onsite, then see what your employment terms say and then what is best for business and them. Generally, there is no statutory entitlement to pay them if they are not there, but this will not suit them – staff still need to eat and pay the mortgage or rent!

A good employer will be concerned for the welfare of staff. Some ways forward include taking holiday allowance for the days absent, working back additional hours, finding a temporary alternative location for them, or switching the opening days of the business –  say opening for a weekend to trade or get work done when you would normally be shut.

Help from The HR Dept

Although it happens every year, extreme weather can come at us like a curve ball. If you would like help getting “ahead of the curve” before the next storm, or find yourself needing HR help during an emergency, we are here for you. Please get in touch.