What are our obligations as an employer?
Employers have a duty to protect the health and safety of employees and not to expose them to any avoidable risk. They should keep employees informed about health-related risks to include updating staff on current government advice, making sure all staff personal details and contact information is up to date, and in the case of Covid-19, ensuring good hygiene within the business.
What steps can we take to mitigate disruption caused to the business?
It is advisable to have a clearly communicated business continuity plan in place and to ensure that all staff are made aware of what to do if they are unable to come into work. This should include reporting requirements, the option of alternatives such as homeworking, and details of how they will be paid during any period of absence.
Entitlement to sick pay for staff who are unwell is governed by the terms of any company policy or contractual provision on sick pay. Those who are incapable of work as a result of illness would as a minimum be entitled to receive statutory sick pay (SSP). The government has announced measures entitling employees to SSP from the first day of absence.
What is the position for someone who is not showing any symptoms of coronavirus, yet is told to self-isolate on medical advice?
Any entitlements to contractual sick pay should be determined in accordance with company policy, however as a minimum, staff will be entitled to SSP.
Do we need to pay staff who self-isolate voluntarily?
Staff who self-isolate, perhaps out of fear of contracting the virus rather than on medical advice, will not be entitled to be sick pay. It is advisable to talk to them about their concerns and, where possible, to consider options such as allowing them instead to use holiday or unpaid leave. There will be staff who may be more vulnerable to the serious consequences of the coronavirus than others and this should be considered. It is possible that a refusal to come into work could be treated as a disciplinary issue, however we recommend seeking advice before proceeding down that route.
How about employees who need time off to care for someone with coronavirus?
This can be treated as time off for dependants. If for example someone needs to look after their children because their school has closed, they will be entitled to a reasonable amount of time off. There is no statutory right to be paid for this time, and consideration should be had to the terms of their contract and any policies.
If we are forced to close the workplace for a short period will we still need to pay staff?
Where employees are unable to work due to a workplace closure and the need to be on site then, unless there is a contractual right to the contrary or it has been agreed otherwise, employees will still need to be paid.
Other options may include requiring staff to use annual leave and, in some situations, considering temporary lay-offs and short-time working.
Additional Information
For further information or to discuss any concerns specific to your business, please contact our employment law specialist – Natalie Abbott
Phone – 03456 465 465
Email – N.Abbott@Rothera Bray.co.uk
Acas has published a useful guidance note on employment rights when dealing with coronavirus. See www.acas.org.uk/coronavirus for further information to include guidance on what to do if someone becomes unwell at work.
For continuing updates and public health advice on coronavirus you may wish to refer to the NHS Website and www.gov.uk
Disclaimer
This article is for informational purposes only and does not constitute legal advice. We recommend professional advice and assistance before acting on any of the information outlined in this article.
