With the rise in Coronavirus (Covid-19) cases in the UK employers are keen to take steps to minimise the impact the outbreak could have upon businesses.
Below we list a number of steps and issues employers may wish to take into account over the coming weeks:
Keep up to date with government guidance
Employers should keep themselves updated on official and updated guidance from the UK government.
Reassure employees
Many employees may be fearful of the potential spread of the virus, and this could lead to increased requests to work from home or precautionary sick days. These fears can be reduced by clear communications from the business in relation to steps that are being taken to reduce risks, such as a stopping at risk travel, the implementation of hand sanitizer regimes, and a clear reporting process for sickness absences.
You could do this by way of a guidance note or policy. We have received a number of requests for policies and guidance notes and can assist with drafting such documentation as well as providing general advice.
Promote good hygiene
Public Health England recommends that simple hygiene rules (the same as for cold and flu) are followed including what to do when coughing and sneezing, how to wash hands, trying to stay away from ill people, not touching your face with unclean hands and cleaning and disinfecting frequently touched surfaces and objects. Employers should remind staff of these recommendations and encourage them to follow them. You may want to place signs in the office dealing with "Catch it, Kill it, Bin it” and handwashing and place hand sanitisers and tissues in your workplace for staff to use.
Make staff aware of the symptoms of COVID-19 and what they should do if they become unwell
Most people will now be aware of the symptoms but it’s worth reminding staff what they are.
Where staff have become unwell and believe they have the symptoms of coronavirus they should dial NHS 111, stay indoors and avoid contact with other people immediately.
The government has also produced advice on what to do if an employee becomes sick at work. Familiarise yourselves with this so you know what to do and ensure that all staff are aware as well.
Returning from an affected area
The UK government has issued advice to those returning to the UK from specified countries or areas that people must follow. Employers should keep up to date with the list and require staff to comply with the government advice.
Employees who travel overseas for work
Employers who have employees who travel overseas for work are urged to monitor the Foreign and Commonwealth Office advice in relation to travel. Ideally trips to at risk areas should be postponed, or carried out via an alternative media such as Skype.
Have a system in place for staff planning to visit an affected area
Where anyone is planning to travel to an area with higher concentration of the virus, outside of work, they should inform you in advance and agree a plan for managing this.
Employees who are self- isolating
If employees have returned to the UK from specified countries or areas then they must follow the UK government’s advice.
Currently, the UK government advises that if you have not been to any of the specified areas then normal practice should continue and you should deal with your symptoms and the need for any time off in the usual way.
Staff who are self-isolating should notify their line manager or HR as soon as possible and keep them updated.
What should staff who are self- isolating get paid?
There has been a lot of debate about this over the past few days and the situation is likely to develop as the impact of Covid-19 develops.
Early ACAS guidance suggested that whilst there wasn’t a legal right to payment, if somebody was self- isolating on medical advice, had to go into quarantine or was abroad in an affected area and could not travel back, it was good practice for employers to treat their absence as sick leave, pay normal sick pay or agree for the time to be taken as holiday.
The Health Secretary then said that “Those in self- isolation on medical advice should be treated as on sick leave and may be eligible for SSP.” More recent ACAS guidance reflects this and reminds employers that where an employer offers contractual sick pay, it’s good practice to pay this.
If you are paying people in full where they are self- isolating on medical grounds then you would want to reserve the right to review this in light of the developing Covid-19 situation Greggs, the bakers, are one business to adopt this approach. They are currently paying full pay to those who are self-isolating. They have, however, stated that this will be kept under review in light of how coronavirus develops. Assistance may come from the UK government who have confirmed that “all options are under review” and more detail may become apparent in Wednesday’s budget.
The government has also announced that to help contain coronavirus emergency legislation will be brought in so that SSP will temporarily be paid from the 1st day of absence rather than the 4th day. Whilst this will be welcome news for employees who are only paid SSP, the rate of SSP will be less than their normal earnings and they may still be tempted to come into work.
According to the BBC, the GMB has urged the government to put measures in place to make sure staff are paid in full while they self-isolate. One measure suggested is an extension of the little used right to suspend staff on health and safety grounds, which would be on full pay.
What about those workers/ employees who don’t earn the minimum weekly earnings (currently £118) to be eligible for SSP?
Estimates suggest that the number of people this could affect is between 1 and 2 million. At the current time, the UK government has indicated that these workers may be eligible to receive certain benefits instead. Concerns have been raised about how long people would have to wait to receive such benefits.
Where does this leave those who self- isolate without medical advice?
Currently it seems like they won’t get SSP and it will therefore be down to individual businesses as to how they deal with this.
While the main focus has been on employees and workers, spare a thought for those who are engaged by businesses as self- employed contractors. Currently they won’t get any sick pay. They are having to make a choice between self- isolating and preventing the spread of coronavirus but reducing their income (with no opportunity to get SSP) or carrying on working and risking spreading the virus. That’s a big burden to bear. This is why the CIPD has been urging the government to set up a “hardship fund to help individuals such as the self-employed, temporary or low paid staff if they are not eligible for sick pay or paid leave” which would “help people in less secure employment get through these exceptional events and would minimise the risk of people coming into work and spreading the virus if they have been exposed”.
Discrimination
There have been numerous reports in the news in relation to increased hostility and harassment towards those who are of an Asian origin due to the outbreak. Employers should be very aware of this issue, and make it clear than any instances of differential treatment or abuse due to an individual’s ethnic origin will amount to discrimination and will not be tolerated. Businesses may also wish to make it clear that inappropriate jokes or ‘banter’ in relation to the issue will not be tolerated.
Where an employer receives a grievance about such an issue, or becomes aware of an incident, this should be dealt with swiftly in accordance with the company’s grievance and disciplinary policy, as would be the case with any other form of discrimination or complaint.
If you have any queries about how you should be dealing with you workforce during the Covid-19 outbreak then please contact your usual Brabners Employment contact.
This contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter
