The chances of UK employees catching coronavirus (COVID-19) remains a risk, causing potential disruption. Employers can stay ahead of the curve by following five key steps, as Michael Shroot explains.
1. Be ready to implement vital health and safety measures
If coronavirus spreads more broadly in the UK, employers can implement a few straightforward measures to safeguard the health and safety of their workers.
Employers should ensure that:
- all staff are fully informed of the action you are taking to minimise risks of exposure
- contact numbers and emergency contact information for your employees are current
- managers are fully aware of how to identify symptoms and understand all relevant processes
- places to wash hands with soap and hot water are easily accessible
- hand sanitisers and tissues are distributed to employees
- a plan is in place for the provision of face masks to staff in higher risk environments
- the risks of travelling to affected areas have been carefully considered
2. Get to grips with issues around sick pay and sick leave
If someone has coronavirus, normal workplace sick leave and pay entitlements still apply and staff must inform employers at the earliest opportunity.
However, employers may need to take a more flexible approach if their sickness policy requires evidence from employees who are off sick. For instance, a staff member who has been instructed to self-isolate for 14 days might struggle to get a sick or ‘fit’ note.
Dealing with self-isolation and quarantine
A somewhat thorny issue is that employees don’t have a statutory right to pay if they aren’t ill but can’t come into work because of valid coronavirus-related reasons. These include:
- having been told by a doctor to self-isolate
- going into quarantine on medical advice
- being overseas in an affected area and not being allowed to come home.
Nonetheless, it’s considered good practice for employers to treat these types of absences as sick leave, or agree for this time off to be taken as holiday. This is because potentially infected employees may return work if they can’t afford to lose their wages, in which case they might introduce the virus to the workplace.
Asking potentially infected staff to stay away
There is a legal obligation to pay staff who aren’t sick but have been asked by the employer to stay away from work. A typical scenario might involve a member of staff just back from China or another infected territory.
Another issue to consider is how a broader coronavirus outbreak could affect employees’ rights to take time off work to look after a dependant in an emergency situation – for example if schools close and children must stay at home. There’s no automatic right to pay for this time off, but an adaptable approach might be wise from a staff relations and reputational perspective.
3. Be prepared for employees wanting to stay off work
Employers should listen to any concerns workers may have about catching coronavirus as a result of coming into work.
Again, a flexible strategy is helpful, for example offering working from home, flexible working, or taking the time as holiday or unpaid leave.
However, employers should understand that they don’t have to agree to these alternatives. Moreover, if an employee refuses to come to work, you could take disciplinary action.
4. Make sure you know what to do if someone with coronavirus comes to work
Your business doesn’t necessarily need to shut down if a coronavirus-infected person comes to work.
In this happens, though, you should immediately contact the local Public Health England (PHE) health protection team. They will discuss the case; identify those who has been in contact with the affected person; conduct a risk assessment; and advise on actions or precautions.
5. Plan ahead in case you need to close the workplace
In the present situation, an employer having to shut up shop is extremely unlikely. Even so, you should plan in case you need to close partially or temporarily. Sensible steps could include ensuring employees can communicate with you, for example by mobile phone, text or email.
Also, keep in mind that if you do have to suspend operations temporarily, you will need to pay your staff for this time – unless the employment contract states otherwise.
For further advice on managing the workforce during a crisis, or any other employment law matter, call Michael Shroot on 0161 761 4611 or email him at michael.shroot@whnsolicitors.co.uk
