Ireland’s deep freeze is set to continue into next week, prompting questions over whether it’s safe to travel to work as experts outline what the rules say during extreme cold weather
A woman scrapes the windscreen to remove frost from her car (stock)(Image: Joe Giddens/PA Wire)
Ireland’s cold snap is set to drag on into next week, with Met Eireann warning that freezing conditions are not going anywhere just yet.
Multiple weather warnings covering every county remain in place for severe frost, ice and snow, with temperatures expected to plunge as low as -4C. The prolonged freeze is likely to bring hazardous conditions nationwide, with icy roads and difficult travelling conditions set to persist through the weekend and into next week.
For many, that raises concerns about commuting and whether it is safe – or even necessary – to travel to work. As subzero temperatures continue, questions are also being asked about workers’ rights and whether there are circumstances in which conditions are considered too cold to work.
Employment law and HR specialists at Peninsula Ireland have explained that, for most workers, there is currently no specific minimum temperature set out in legislation, with the exception of office or sedentary roles. In practice, this means there is no legal temperature threshold at which a workplace is automatically deemed “too cold”.
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 strict legal limit, Peninsula COO Moira Grassick stressed that employers still have a duty to protect the health, safety and welfare of their staff. She said employers should take workers’ comfort seriously and ensure conditions remain reasonable, even where no exact temperature is specified in law.
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 suggested employers consider practical steps to help staff cope with the cold, such as providing additional heaters. She noted these should be regularly checked to ensure they are working correctly and kept safely away from flammable materials.
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 should also be considered during periods of extreme cold. Grassick said employers may encourage hybrid staff to work from the office more frequently if it offers a warmer environment, while remote workers should be made aware of any supports available to them.
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.”
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.”
The Workplace Relations Commission (WRC) has also acknowledged that severe weather can significantly disrupt both employees and employers. It 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.”
The commission outlined what this means for employees affected by extreme weather. On the issue of pay, it 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.” The WRC said employers may allow staff to take annual leave to cover unforeseen absences caused by severe weather, explaining: “Employers may allow employees take annual leave for the day or days covered by the event in which case they would be paid.”
Unpaid leave may also be an option, with the commission noting: “This arrangement is a matter for agreement between the employer and the employee”. Addressing roster changes, the WRC said: “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.”
Where businesses are unable to operate for a period due to severe conditions, the commission said: “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.”
The WRC also noted that employment contracts may already include policies to deal with severe weather, stating: “Employers may have included policies and procedures in their contracts of employment to cover severe weather events which may include:
It added: “We would encourage employers and employees to seek to resolve any issue at the level of the employment.” Where this is not possible, the commission said: “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.”
Join our Dublin Live breaking news service on WhatsApp. Click this link to receive your daily dose of Dublin Live content. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.
For all the latest news from Dublin and surrounding areas visit our homepage.