Office Closure Due to Burst Pipe: Employee Payment Responsibilities

Q: Our office is facing a shutdown due to a burst pipe, leaving us without running water or functional toilets. Am I still required to pay my employees during this time? Can I expect them to work from our office? What facilities must I provide for their welfare?

A: As an employer, it is your responsibility to ensure the well-being of your employees while they are at work. This includes considerations for various welfare aspects such as ventilation, temperature, lighting, cleanliness, flooring, safety routes, as well as sanitary and drinking facilities.

Legally, employers must provide adequate restrooms, washing areas, and other welfare facilities to create a healthy and safe work environment for all staff members. This entails having an appropriate number of toilets, sinks, drinking water, and areas where employees can rest and consume their meals.

A burst water pipe is typically beyond your control, and such situations can unfortunately arise. However, under health and safety regulations, employers are tasked with preparing for unforeseen circumstances, including adverse weather conditions. It’s not specified what led to the pipe bursting, but if it was due to weather factors, reflecting on potential preventative measures you could have taken might be beneficial.

When water service is disrupted at the workplace, the first course of action should be to identify nearby facilities where employees can access restrooms and washup stations safely. If such places are not available, consider renting temporary restroom facilities until the issue is resolved.

According to the Equality Act 2010, organizations must ensure that all employees have access to appropriate services, including restroom facilities, so it is crucial to provide accessible toilets.

Legally, you must supply employees with uncontaminated drinking water. As a temporary solution, providing bottled water dispensers is a valid option to ensure that employees have access to clean drinking water.

If neither alternative is viable, explore the possibility of relocating employees temporarily to another workspace. For instance, moving operations to another office branch could be effective.

Depending on your sector, allowing employees to work from home may also be suitable until normal conditions are reinstated. This option, however, may not be feasible for every business. It’s critical to communicate that this arrangement is temporary and that regular working operations will resume once water service is restored.

When employees work from a location other than the primary workplace, it’s essential to conduct a thorough assessment of the new working environment to identify potential hazards. This is applicable for home working scenarios as well. If employees will be working from home for an extended duration, periodic checks should ensure their work conditions meet legal standards.

Evaluate the employees’ workstation setups, including their chairs, desks, and keyboards, to confirm proper ergonomics. Encourage employees to fill out a display screen equipment self-assessment questionnaire to verify their workspaces are safe and suitable.

If home working isn’t feasible, negotiate a suitable approach with your staff, which may involve them taking annual leave or using previously accrued time off.

Should your employment agreements contain a clause permitting layoffs, you may need to implement this option. If no other solutions are available, employees are entitled to their full wages during the period you’re unable to provide work.

Peter Done, co-founder and managing director of a consultancy specializing in employment law, HR, and health and safety advice.

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