As Coronavirus, also known by its official name Covid-19, spreads more widely in the UK, it is vital that employers have a clear plan in place for tackling its impact.
On 2 March 2020, ACAS published guidance for employers to help protect the health and safety of staff which is reflected by this article.
Health and Safety
Pursuant to health and safety legislation, employers have a duty to ensure the health, safety and welfare of their employees by taking steps which are reasonably necessary to do so. Likewise, employees have a duty to take care of their own health and safety and that of the people they work with. Failure to do so by either the employer or employee can give rise to consequences, including criminal sanctions, civil liabilities and disciplinary proceedings.
Practical steps to be taken by an employer:
Follow Guidance
Familiarise yourself with and follow the guidance issued by both The Department of Health & Social Care and Public Health England. They are the authoritative sources of information concerning the outbreak.
Policies
Implement clear policies to ensure consistency in managing different scenarios. For example, consider what the organisation’s approach to business and personal travel, working from home and self-isolating is to be? Remember that all policies must be fair and must not discriminate against any employees.
Hygiene
Provide tissues and hand sanitisers and make sure there are clean areas to wash hands.
Consider displaying posters to remind employees about cough etiquette, respiratory hygiene and how to wash their hands effectively.
Regularly clean all communal areas including door handles, keyboards, phones and desks.
Education
Make sure employees are aware of the symptoms of Coronavirus and are aware of the relevant processes in place. For example, if there are specific issues with particular employees then those employees should be asked to call 111 and to follow the guidance given to them.
Sick Pay
If an employee has Coronavirus, the workplace’s usual sick leave and pay entitlements apply.
According to ACAS’ guidance, if an employee is not sick but cannot work because they:
have been told by a medical expert to self-isolate
have had to go into quarantine
are abroad in an affected area and are not allowed to travel back to the UK
there is no statutory right to pay the employee.
However, this position is subject to some contention. It has been suggested that where an individual has been given written notice, issued by a GP or by 111, then they would be deemed (for the purposes of regulation 2(1) of the Statutory Sick Pay (General) Regulations 1982) to be incapable of work and so entitled to statutory sick pay.
On 4 March 2020, Prime Minister Boris Johnson announced that, as part of emergency legislative measures, statutory sick pay will be able to be paid from the first day an employee is off work, as opposed to after four days pursuant to the current law. In his budget on 11 March the Chancellor, Rishi Sunak, also announced a measure in which Government will fully meet the cost of providing statutory sick pay for up to 14 days for workers in firms with up to 250 employees.
At present, in order to receive statutory sick pay an employee must earn at least £118 a week. The change being brought in by emergency legislation is expected to mean an additional £40 for those receiving statutory sick pay.
Whether statutory sick pay is obligatory or not, it is advisable that absences from work for the reasons detailed above are treated as sick leave or taken as holiday. Otherwise the employee may come to work because they want to get paid and then spread the virus, if they have it.
If an employee is not sick but the employer tells them not to come to work, they should get their usual pay.
If an employee does not want to go to work because they are frightened of catching Coronavirus, an employer should listen to any concerns and, if genuine, must try to resolve them to protect the health and safety of its staff. For example, consider offering flexible working to allow the employee to avoid commuting during rush hour when trains and tubes are busy and the risk of contamination is increased.
