NAA Member News: Brabners – Weather warning: preparing for extreme conditions
Caroline Litchfield, partner and head of manufacturing & supply chain at independent law firm Brabners, outlines the key operational and legal considerations automotive businesses should keep under review before and during periods of severe weather.
A sudden cold snap or a deluge of rain does more than affect vehicle performance or expose weaknesses in road infrastructure. For businesses operating across the automotive sector, freezing temperatures and flooding can also create immediate operational and legal challenges that are often overlooked when it comes to planning.
The first two months of 2026 saw prolonged cold spells bring sub-zero temperatures, with snow making roads slippery and disrupting travel. Even when it gets warmer, we’re increasingly seeing prolonged periods of rainfall adding to flood risks across the UK. While severe weather might only last days, the operational knock-on can be rapid and can cause any number of negative outcomes, including delayed deliveries, reduced workshop output, supply bottlenecks and increased accident risk.
While skies may be looking bluer for the foreseeable future, automotive businesses that learn from challenging situations and prepare in advance will be best placed to maintain continuity and reduce the risk of commercial or legal exposure.
Health & safety
One of the most immediate concerns during adverse conditions is health and safety. Icy or wet surfaces increase the likelihood of slips and falls, particularly in environments involving vehicle movements and heavy machinery. For instance, businesses with large yards and loading areas face heightened risk when temperatures drop – this includes manufacturers.
Employers remain under a statutory duty to ensure, so far as reasonably practicable, the health and safety of employees and others affected by their operations. Risk assessments should be reviewed to reflect seasonal hazards, and arrangements for gritting and snow clearance should be effective and properly documented. HSE guidance highlights straightforward controls such as treating areas likely to become slippery in icy conditions.
It’s also equally important to consider customers and contractors accessing the site. Businesses can reduce the risk of claims by offering clear communication and also promptly addressing known hazards as they arise. In the event of an accident, the ability to demonstrate that appropriate precautions were taken is key.
Supply chain disruption
Cold or wet weather can also affect contractual performance. This can be caused by factors like transport disruption, staff shortages or even upstream supply issues, leading to missed delivery slots or delays in production. In tightly managed automotive supply chains, even short interruptions can cause a ripple effect.
To stay ahead of these potential issues, businesses should review key contractual provisions, including delivery obligations and notice requirements. Whether severe weather qualifies as an exceptional clause will depend on the wording of the contract and the specific circumstances. There is no codified legal definition of “force majeure” and whether or not this applies depends on the precise wording of each contract. Giving prompt notice and taking reasonable steps to reduce the impact can make all the difference.
Early and transparent communication with customers and suppliers can significantly reduce the risk of disputes. This includes timely notice of potential delays, together with evidence of steps being taken to minimise impact, both helping to preserve commercial relationships and manage expectations.
Employment considerations
Freezing conditions or flooding frequently create workforce challenges at short notice. Travel disruption and school closures may affect staff attendance, particularly in shift-based environments such as manufacturing sites and service centres.
Employers should ensure absence and pay policies are applied consistently and in line with contractual terms. Where remote working is possible (for example in customer service and scheduling), it can provide flexibility, but many roles in the automotive industry require physical presence. If additional hours are needed to maintain operations, businesses must remain mindful of working time limits and rest requirements, managing overtime carefully to avoid fatigue-related health and safety risks.
Avoiding false starts
Business leaders will know that extreme winter weather is not unusual in the UK, even if its timing and intensity varies. Automotive businesses that treat severe weather planning as part of their wider risk management framework will be better positioned to respond when environmental circumstances change abruptly.
Reviewing risk assessments, understanding contractual obligations and preparing for workforce disruption are sensible steps that can limit both operational and legal fallout. Advance preparation doesn’t singlehandedly eliminate disruption, but it does strengthen resilience.
