ENERGY CRISIS - 17.10.2022

Preparing for possible power cuts

If any power cuts do go ahead, the current indication is that they are likely to take the form of a series of rolling, three-hour cuts in which personal and commercial consumers in different parts of the country would be given one day’s notice. Although businesses can apply to their network operator in advance for “ Protected Site status ” to avoid disconnection, most wouldn’t meet the criteria to be granted this status.

Therefore, you might wish to consider taking the following preparatory steps to minimise potential business disruption:

• consulting with staff about the potential options available for dealing with planned blackouts
• purchasing standby power generators to maintain power supply for critical equipment, such as IT servers
• adjusting employees’ working times and shift patterns to accommodate planned blackouts - if you don’t have the contractual right to make such temporary changes at short notice, you’ll need employees’ express consent. In any event, you’ll need to accommodate any employees who may have childcare or similar commitments which mean they’re unable to adjust their working times or shift patterns at such short notice
• encouraging employees to ensure all their devices, such as mobile phones and laptops, are fully charged in advance of a planned blackout, and purchasing portable power banks for back up power
• asking homeworkers to attend the office if the blackout affects where they live but not the workplace, or asking office workers to work from home if the blackout affects the workplace location but not their home
• requesting employees to take paid annual leave on blackout days or half-days.

If your workplace is forced to close for a few hours due to a planned blackout, e.g. because you simply can’t operate without electricity, and employees can’t work from home, you may need to consider implementing short-time working. Check employment contracts to see if you have a suitable clause which enables you to unilaterally implement short-time working and would mean employees aren’t paid for any unworked time. If you don’t have such a clause, employees would be entitled to receive their normal pay, unless they otherwise consent to unpaid short-time working.