Hanley library staff call in union after council refuses to pay for snow day
A DISPUTE has broken out after council workers who were sent home early during a blizzard were told they won’t be paid.
Staff at the City Central Library in Hanley were told they could leave five hours early last Friday.
-

Snow in Hanley last Friday.
But the employees say they were later informed by Stoke-on-Trent City Council’s HR department that they would not be paid for the hours they missed.
Instead they will be forced to take it out of their holiday allowance or flexi-time.
Cheap Motor Insurance Nationwide With Free Legal Expenses Valued...
View detailsCheap Motor Insurance Nationwide With Free Legal Expenses Valued at £25.00! Call 01782 898188
Terms: 1 Voucher Per Customer
Contact: 01782 898188
Valid until: Saturday, July 20 2013
Now they have turned to the Unison trade union for help after an initial appeal against the decision was turned down.
The row is understood to affect dozens of library and other council workers.
The winter whiteout forced council-run buildings including gyms and libraries to close, and it is understood that the City library manager was following bad weather protocol for getting staff home safely.
But they have since been denied the pay by senior council figures.
One worker, who preferred not to be named, said: “The manager made the decision that we could go home early because of the bad weather.
“But now we are not getting paid and people are very unhappy.
“We have spoken to Unison and in the hope that they can help us.”
Clive Rushton, secretary of the Stoke-on-Trent branch of Unison, confirmed the workers had been in touch.
He said: “We are in the process of investigating exactly what has happened here.
“We need to establish whether it falls in line with the policy for the council.
“The city council should have a clear policy that says there is a difference between someone who is allowed to go home by a manager and those that leave of their own accord.”
Jane Gratton, deputy chief executive of North Staffordshire Chamber of Commerce, said: “Employers must draw up an adverse weather policy which lets employees know well in advance what they are required to do in the event of snow.
“This helps to avoid any uncertainty or dispute. Most employers try to be as flexible as possible and options can include working remotely from other offices, or from home, where the job allows it.”
A council spokesman confirmed the employees will have to cover the missed hours by taking leave or flexi-time.
Tony Oakman, the council’s director of adult and neighbourhood services, said: “Management decided to send staff home based on health and safety concerns at specific sites. Employees will still be paid and there are ongoing discussions to resolve any misunderstanding.”




8 Comments
by FFDP1
Saturday, January 26 2013, 6:28AM
“We need to know the 100% truth before any judgement is made, and it was not a ruddy blizzard, it was normal snow we get most winters for a day or so. I didn't go to work, I'll put my hands up to that. I had holidays left so booked one and spent the day by the fire with the dog. We need to know, did someone say you have to go home to them, if they did they need paying, if someone said you may go home, and there is a big difference, and they legged it, they should be booking time off or working that time back. Anyway, see Rob Conway as popped up, hope daddy was OK mate, didn't get cold standing outside the Civic Center with a damp fag in his mouth did he.”
by longtom
Saturday, January 26 2013, 12:28AM
“Unison quote "The city council should have a clear policy that says there is a difference between someone who is allowed to go home by a manager and those that leave of their own accord."
In every private sector job I have had I would have been disciplined or sacked for going home "on my own accord" !”
by Robnoxious
Friday, January 25 2013, 9:18PM
“There are people at home thinking they don't have to go to work to get paid. They don't have to worry about the snow either. Just sign on. Still get the priorities right, the working people are paying for it.”
by titanicrose
Friday, January 25 2013, 8:01PM
“I agree that the stipulations should have been made clear and they should have been aware of their rights in this situation.
I know a lot of people who had long commutes home that took hours for what would normally only take under a hour. Others I know were sent home and had to work the following day, only someone had neglected to tell them that the company was closed Saturday. They still made up their time from Friday as a loyal employee.
If the council have sent people home, and not given them a clear choice then they should pay their wages. You can't work if your workplace is closed and not providing a service.”
by Raziel
Friday, January 25 2013, 6:12PM
“....And we pay for all this, staff that think they should get paid for not being at work and management wasting our time making the decision...probably they need to save extra money to put towards the £40 million new civic center they don't need?”
by lagu2
Friday, January 25 2013, 4:53PM
“Snow difficulties and your rights Getting to work may have been a problem for some people
A heavy band of snow has been making its way across the UK, leaving some schools shut and causing travel disruption.
So what are your rights if you can't get into work?
I couldn't get to work because of the snow. Can my boss dock my pay?
According to the employment advice and conciliation service Acas, in the majority of cases, you are not automatically entitled to be paid if you cannot get to work.
But that does not necessarily mean you will lose out.
Both Acas and the government advice website Gov.uk suggest trying to come to an arrangement with your boss that you are both happy with.
Your employer may agree, for example, for you to make up the time at a later date, go to another workplace, or to work from home as far as possible.
However, they are not obliged to do this.
There are some exceptions, however, and some workers may have a right to be paid.
Some employers may have it written in staff contracts, or have a collective agreement in place, that they will pay you if you cannot get to work due to circumstances beyond your control.
In this case, if the employer does not pay you, and deduction could be considered unauthorised .
Can my employer force me to take a day off as holiday?
Only under certain conditions.
You are entitled to a minimum notice period before you have to take the leave.
The law states that you must be given warning that is the equivalent of twice the length of the leave.
So, for example, you must be given two days' notice if your employer wants you to take a day's leave.
However, that does not apply if you get more leave than the statutory minimum.
If you get more than the legal minimum of 5.6 weeks a year, (typically 28 days), including public holidays, then your employer can compel you to take leave without giving you any notice.
What about unpaid leave?
The situation is different again with unpaid leave.
According to Acas, your boss cannot force you to take the time as unpaid holiday, unless it is already written into your contract.
He or she would need your permission to deduct the money from your pay packet.
But the official advice is you may want to accept this offer as a show of good will - it could also be better than having to use part of your holiday entitlement (see above).
My workplace is closed. What then?
In these circumstances, you are entitled to pay.
In addition, your employer cannot require you to take the time as annual leave.
Don't get the sledges out yet, though. You could be expected to work from home or from another workplace, if that is possible in your job.
I can't come to work, not because of travel problems, but because my children's school is closed and I can't get childcare at short notice.
You have the right in law to unpaid leave to look after children or other dependents in an emergency. Solicitors advise that a school being shut at short notice is likely to be considered an emergency.
Therefore, you would probably be entitled in law to a reasonable amount of time off to make alternative arrangements.
What would be regarded as "reasonable" depends on individual circumstances, Acas notes.
My boss is really unhappy and I feel under pressure to try to get in.
The Acas advice is clear on this. "Your employer cannot force you to attempt the journey."
The material is for general information only and does not constitute investment, tax, legal or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Links to external sites are for information only and do not constitute endorsement. Always obtain independent, professional advice for your own particular situation.
taken from http://tinyurl.com/25a8dhs”
by Robnoxious
Friday, January 25 2013, 4:53PM
“Because they were sent home, not you can go if you want. I think the council are starting to go down a dangerous route if they proceed in doing things like this. If you have not got the workforce on board, there will be only one winner as long as they stick together. Surprising how heath and safety can stop or slow down the job. When the people are not getting the service they expect, don't blame the workers, blame the council. It is called a goodwill gesture. Once that goodwill goes, it is along time forgotten. The so called union members of this council, you need to stop your subscription, you are a disgrace to the movement. Not the Labour i know. You can only get downtrodden so many times, as Mr Pervez and his sheep will find out. Lets hope Mr Oakman does not make a report on this, it will be something else the they will try and stop us from reading it.”
by rav992
Friday, January 25 2013, 4:08PM
“they went home early because of the snow, they are at home not doing work, why do they feel that they should get paid for it?”