Flooding prompts HR advice for businesses

By Dean

06 Jan 2016

Unfortunately the Christmas period saw significant flooding across Lancashire, Yorkshire, Cumbria and Scotland with serious damage and devastation to family homes, communities and businesses.

Oliver McCann

By Oliver McCann, employment partner, Napthens Solicitors

Many businesses, across all sectors, have been affected and the cost of repairing the damage is estimated to be in the billions of pounds.

There is no quick fix either for either families or businesses as flood damage can take months to sort out in terms of drainage, dehumidifying a property, restoration work, redecoration and so on.

We have had a number of clients already seeking advice on the HR and employment issues arising from their business being flooded and the need to close the business for a temporary period. In particular, what are the options if they either don’t have work to provide to staff or can’t afford to pay them for a temporary period?

Employee’s are entitled to be paid if they are ready and willing to attend work pursuant to their employment contract, even if the employer is unable to provide work due to a down turn in work or as a result of a natural event like flooding or even a fire at the workplace.

So what HR options are available to employers who need to address staffing issues as a temporary measure until the business is back up and running?

Lay-offs and short time working

A lay-off is where you send the employee home and do not provide any work to them with the result that they are denied the opportunity to earn their normal wages. Short time working is where there is a reduction in the work provided by the employer such that the normal pay for any week is less than half a week’s normal pay.

To implement lay-offs or short time working, it is essential you have a contractual right to do so or that you mutually agree this with an employee. Absent such a right, a unilateral decision to lay off or place on short time working would be a breach of contract and give rise to potential claims.

Mutually agree a reduction in hours

For those on fixed hour contracts – absent a lay off clause – you may, following consultation and discussion with staff, be able to agree to a reduction in working hours to reduce the pressure on the wage bill for a temporary period.

Reduction of hours of those employed under zero hour contracts

This is subject to the contract being a genuine zero hour contract and there been no factual relationship over a period of time which gives rise to an implied right to a minimum number of hours per week

Give notice to employees exercise holiday leave during workplace closure

The Working Time Regulations 1998 do give the right to employers to give notice to employees specifying when to take annual leave. The notice provided must be twice as long as the period of leave to be taken, for example, one week’s holiday leave would require two week’s advance notice.

Redundancy

This would usually be the last consideration where ideally you wish to retain your staff wherever possible.

Other issues can arise such as the business being operational but individual employees having been affected by the floods and needing time off to deal with matters arising from this. Where employees are unable to attend work, employers may consider the following arrangements:
  • Home working
  • Flexible working i.e. coming in late, leaving early, condensing extra hours into the working day to accrue time off later in the week.
  • Taking unpaid leave
  • Using annual leave.
The best advice we can give is not to make any hasty decisions. Take advice, explore all the options provided, consult with your staff, liaise with your insurers and identify what labour needs to be retained to deal with the clear up and provide limited ongoing services. Only then can you make a decision which achieves your objectives.

Enjoyed this? Read more from Dean

Latest news

1

McMurrays Haulage expands fleet after contract win Warehouse Supervisor at Pets Choice Brad Eddleston and McMurrays Sales Manager Rob Spencer. Photo credit: McMurrays Haulage Limited

McMurrays Haulage expands fleet after contract win

21 Oct 2025

2

Dragons' Den star to shine on Lancashire Business Day Derry Green

Dragons' Den star to shine on Lancashire Business Day

21 Oct 2025

3

Eden Project Garden at RHS Chelsea Flower Show 2026 marks 25th anniversary Eden Project garden

Eden Project Garden at RHS Chelsea Flower Show 2026 marks 25th anniversary

21 Oct 2025

4

Lancashire farm named 'Family Farming Business of the Year' British Farming Awards

Lancashire farm named 'Family Farming Business of the Year'

20 Oct 2025

5

Breck Homes appoints new managing director Phil Dolan, Breck

Breck Homes appoints new managing director

20 Oct 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

HR Essentials for pubs, bars and licensed venues
EventBrite NORi - 22nd Oct Webinar.png.png
LBV Hub Webinar
22 Oct 2025 - 22 Oct 2025

HR Essentials for pubs, bars and licensed venues

Online - Teams, Leyland, PR253XH

13:30 - 15:00

Chamber Business Lunch – October
LBV Hub Networking
24 Oct 2025 - 24 Sep 2025

Chamber Business Lunch – October

Lancaster Golf Club, Lancaster, LA2 0AJ

11:00 - 13:30

North West Business Expo 2025
https---cdn.evbuc.com-images-880456273-4862066883-1-original.20241022-105445.jpeg.jpg
LBV Hub Exhibitions
24 Oct 2025 - 24 Oct 2025

North West Business Expo 2025

Bolton Stadium Hotel, Bolton, BL6 6SF

09:00 - 15:00

Lancaster District Business Support Expo
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
29 Oct 2025 - 29 Oct 2025

Lancaster District Business Support Expo

The Platform, Morecambe, LA4 4DB

10:00 - 15:00

Chamber Breakfast Networking – November
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
06 Nov 2025 - 06 Nov 2025

Chamber Breakfast Networking – November

Porsche Centre South Lakes, Carnforth, LA6 1FW

08:30 - 10:30

Lancashire Police business update with The Police and Crime Commissioner
Lancs-cham-logo.jpg.jpg
LBV Hub Roundtables
10 Nov 2025 - 10 Nov 2025

Lancashire Police business update with The Police and Crime Commissioner

Lancaster Castle, Lancaster, LA1 1YN

14:00 - 16:00

AI, Creativity, and what it means to be human
2.jpg.jpg
LBV Hub Networking
11 Nov 2025 - 11 Nov 2025

AI, Creativity, and what it means to be human

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin