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Snow and ice continue to disrupt commuters, shut schools and cause traffic chaos in many parts of the UK.

So what are your rights if you can't get into work, or if you are an employer and your staff can't make it in?

Richard Nicolle, partner in Denton Wilde Sapte's employment practice looks at some of the issues.

Q. Can my employer dock my pay if I can't get into work?

With the extent and duration of the adverse weather conditions, this is becoming a highly controversial issue.

Your employer's ability to dock your pay will depend on your specific circumstances.

Employees

Those who are employees have statutory protection against an unauthorised deduction from their wages.

In most instances, a deduction from pay will be unauthorised unless the contract of employment provides for a deduction in specified circumstances (unlikely in the case of adverse weather, albeit a possible exception is the construction industry), or the employee consents.

However, a counter argument has been put forward by some businesses and employment lawyers - that if an employee is unable to attend work, they have not performed their obligations pursuant to the employment contract, and therefore are not entitled to pay.

It is questionable whether an employment tribunal would accept this position and there is no case law on the issue.

Ultimately, if an employer deducted pay, it would need to consider the position of individual employees.

Had they made all appropriate efforts to attend work? Would it be possible for the individual to perform all or some of their duties from home? Has a consistent approach been adopted between different employees?

In any event, staff should be mindful that an employee who can be demonstrated not to have made reasonable efforts to attend work would run the risk of disciplinary action.

However, it would be important for an employer to demonstrate consistency of approach in the event of this situation arising.

Self-employed

If you are self-employed, you will also certainly have no entitlement to receive payment if you are unable to perform the contracted work.

What if I can't work because my child's school is closed?

Employees who are unable to attend work as a result of looking after children whose schools or childminding facilities are closed are in a different position.

This situation is likely to be covered by the Employment Rights Act 1996, which entitles an employee to take a reasonable amount of time off work because of an unexpected disruption or termination of arrangements for the care of a dependant.

Whilst the weather related closure of schools was not envisaged, employees are likely to be regarded as having protection against suffering dismissal or a detriment as a result of such absences.

However, your absence could be unpaid, so arguably an employee in this situation would be worse off than one of their colleagues who is unable to attend work as a result of transport difficulties. Unless the employer decides to make deductions from all non-attending employees' wages.

My workplace is closed. What then?

If your employer's place of business has closed, for example a school, there should be no question of your employer deducting pay. You are ready and willing to work but had no work to attend.

There would, however, be an expectation that you would undertake such work as was possible from home.

More questions and answers can be found in the rest of the article here: http://news.bbc.co.uk/1/hi/business/8421373.stm