Coronavirus: Essential advice for employers

Tina Chander, partner & head of the employment team at Midlands law firm, Wright Hassall, deals with employment law issues for businesses of all sizes. Here, she reveals advice for employers in the wake of the coronavirus outbreak…

The coronavirus outbreak (Covid-19) has raised serious health concerns, and now, the threat has extended to businesses, as the spread of the virus impacts global stock markets.

As part of the government’s efforts to slow the spread of coronavirus, it was announced that statutory sick pay would apply from the first day off work, not the fourth, to encourage sick employees to self-isolate for the protection of others.

While UK cases are still relatively low compared to other parts of the world, it’s still important for businesses to update their employees and share official advice that could help keep them safe.

Reducing the risk to employees

For employers, the best course of action to take is to send official information to all workers, via the most effective means dependent on the type of workplace.

Meanwhile, an available space should be designated as an ‘isolation room’, allowing employees who are exhibiting symptoms to retire to before calling NHS 111, using their own mobile phone if possible.

Other steps to take include:

• Update the contact numbers and emergency contact details of employees
• Ensure that managers are aware of the symptoms of the virus
• Disseminate information across management on issues such as sick leave and sick pay
• Ensure that facilities for regular and thorough washing of hands are in place
• Dispense hand sanitisers and tissues to employees

Given the importance of thorough hand washing in stopping the spread of coronavirus, employers should encourage their workforce to take care when doing so, without the fear of being penalised for extra time taken.

What to do if an employee becomes unwell

If an employee exhibits the symptoms of the virus, they should be removed from the proximity of other employees, placed in the designated ‘isolation room’ and encouraged to follow precautions.

The employee when calling NHS 111 should be advised to give the operator the following details:

• Their symptoms
• The name of any country they’ve returned from in the past fortnight

Uncertainty over the seriousness of the virus, the exact nature of the symptoms and concern about the situation regarding issues such as sick pay may lead to some employees coming to work despite having contracted the virus, without necessary feeling unwell.

If this does happen, then an employer should contact the local Public Health England (PHE) health protection team and they will discuss the details and outline any precautions which should be taken.

The position on sick pay

If an employee is off sick with the virus then the legal situation regarding sick pay is the same as it is with any other illness, however the employee is now entitled to statutory sick pay from the first day of work, not the fourth.

The government has stated that if NHS 111 or a doctor advises an employee or worker to self-isolate, then they should receive any statutory sick pay due to them or contractual sick pay if this is offered by the employer.

In some cases, employees may be able to work from home while in self-isolation. However, in many cases, if an employee cannot attend their place of work, they will be unable to work.

Some employees may also be reluctant to come into work due to general concerns about the virus, particularly if they belong to a group at higher risk of complications, so you should offer flexible solutions if possible.

Ultimately, there is no obligation on an employer to allow an employee to stay away from work and, if the non-attendance causes issues or extends beyond an emergency precaution, then an employer is entitled to take disciplinary action.

As things stand at present it is still unlikely that any workplaces will have to close as a result of the virus, but it’s a potential risk and organisations should have contingency plans in place.

No time to be divisive

Another key consideration as the outbreak continues, is to ensure that no members of staff, customers or suppliers are discriminated against based on their race or ethnicity.

Even jokes or banter can be distasteful and cross the line, becoming unlawful harassment or discrimination, for which an employer may be liable. To avoid liability, employers must prove they have taken ‘all reasonable steps’ to prevent such behaviour, ensuring well publicised diversity and harassment policies are in place.

Staff must be trained on such issues, while managers should be reminded of their responsibility to identify and prevent discriminatory behaviour.

Wright Hassall is a firm of solicitors based in Warwickshire, providing legal services and advice on a number of areas including employee incentives, information governance and professional negligence.