Snow has been falling all around us but what are the legal implications for employers? Absenteeism, late arrivals, requests to finish early and increased workplace hazards are some of the issues employers are facing.

Should employees who don't come to work be remunerated? If the employer decides to close the place of business because of the weather, then generally employees will be paid, as this was the employer's decision.

If, on the other hand, the workplace is open but employees fail to attend, employers do not generally need to pay them, unless there are specific terms in their contracts to the contrary. It is the employees' duty to find a way to attend work.

Furthermore, late arrivals and requests to finish early do not necessarily need to be calculable as working time. An employer can reasonably request that employees take this time from accrued annual leave or indeed as unpaid annual leave.

Employees may argue that from a health and safety point of view it is simply unsafe for them to travel to work, especially those who have much longer distances to travel.

Such requests should be assessed on their merits and an agreement to take annual leave, unpaid leave or to make up time at a later date may be reached.

What is essential is the need for all to be flexible and reasonable. It is timely for employers to draft or revise a policy to take account of adverse weather. By consulting staff and getting consensus, employers can plan for what may now become an all too familiar sight in Ireland.

Finally, the current weather conditions pose increased risks at work, especially for employees who usually work outside. Employers should reassess their health and safety statement and also risk assessments, to ensure they are up to date, thorough and compliant. Reasonable steps should be taken to avoid injury or damage. It may also be a good time to train staff in identifying and dealing with risks.

Oisín Scollard is a barrister and legal counsel with legal HR company Employment clinic Info@employmentclinic.ie