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Notes

Bad weather and business continuity

Many businesses are no doubt bemoaning the recent bad weather and the damage it is causing to their profit margins. Transport and infrastructure delays result in employees failing to make it to work on time, if at all and costs and penalties are incurred for late deliveries of good and services. 

However, just because there is bad weather does not mean a business has to suffer and there are various steps that can be taken to minimise any damage.

Suppliers of goods and services should analyse their contracts to identify those containing terms where time of delivery is of the essence. If it appears that the term is going to be breached, advance warning should be given to the other party whenever possible, in the attempt to reach a compromise. It may be a good time to renegotiate the terms of any long-term contracts to ensure that they contain a comprehensive 'force majeur' clause, excluding liability for delays caused by bad weather and other reasons beyond control.

Businesses should also ensure that they have adequate continuity plans in place providing for bad weather. For example, these can include systems to make it possible for employees to work from home if need be; ensuring that they have access to the necessary technology and resources to do this, whilst ensuring that adequate security mechanisms are in place. Flexibility is key and can make all the difference between a happy and adaptable workforce or one that is resentful and more likely to bring an employment claim. As well as facilitating home working, employers could offer altered shift patterns, to pay the costs of alternative transport to and from work or allow employees to make up lost hours through unpaid overtime at a later date. It is important to remember that any changes to an employee's terms and conditions of employment must be agreed to first by the employee.

Bad weather highlights the importance of technology for businesses - the onset of winter can act an as urgent prompt to invest in the necessary software, upgrades and hardware that will help to minimise trading losses when normal office work is disrupted. 

 Employers should also be mindful of health and safety requirements and be careful not to encourage employees to take dangerous risks when travelling to and from work. Employees should not be unduly penalised for failing to make it into the office in bad weather or for arriving late or having to leave early. Extra precautions may also be necessary in the workplace, where slippery conditions can increase the risk of accidents and injury.

 


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