{"id":1456,"date":"2020-03-16T17:00:08","date_gmt":"2020-03-16T17:00:08","guid":{"rendered":"https:\/\/www.recruitment-connection.co.uk\/?p=1456"},"modified":"2020-03-16T17:04:49","modified_gmt":"2020-03-16T17:04:49","slug":"coronavirus-your-employment-related-questions-answered","status":"publish","type":"post","link":"https:\/\/www.recruitment-connection.co.uk\/index.php\/2020\/03\/coronavirus-your-employment-related-questions-answered\/","title":{"rendered":"Coronavirus: Your Employment-related Questions Answered"},"content":{"rendered":"\n

What are our obligations from a health and safety perspective in relation to our staff?<\/strong><\/p>\n\n\n\n

Employers have a duty to ensure the\nhealth and safety of their employees and non-employees (contractors, members of\nthe public, etc.) so far as is reasonably practicable. This would include\ntaking reasonable steps to control the spread of the coronavirus at sites under\nthe control of the employer. Employers should carry out a risk assessment and\nthen implement reasonably practicable control measures to either eliminate or\nmitigate the coronavirus hazard. From a practical perspective, we would\nrecommend that employers:<\/p>\n\n\n\n

  1. Ensure staff are aware of the symptoms and the latest advice on how to minimise the risk of infection.<\/li>
  2. Implement a reporting procedure for anyone with symptoms.<\/li>
  3. Implement a reporting procedure for individuals who have recently visited \u201chigh-risk\u201d areas, such as China, Northern Italy, etc. This may mean that staff have to \u201cself-isolate\u201d if they have returned from a high-risk area (see below for further guidance).<\/li>
  4. Make individuals aware of the latest government guidance.<\/li>
  5. Ensure any control measures identified by the risk assessment are aligned with the government\u2019s advice. Employees are under a legal obligation to cooperate with their employer and other duty holders to enable them to comply with health and safety legislation.<\/li><\/ol>\n\n\n\n

    Should we place restrictions on our staff in terms of work-related international travel?<\/strong><\/p>\n\n\n\n

    Today the 16th<\/sup> March the\u00a0Foreign and Commonwealth Office<\/a>\u00a0(FCO) is advising against all and all but essential travel to some countries, cities and regions. You must check the travel advice to the country you are travelling to …<\/p>\n\n\n\n

    In what circumstances are our staff required to stay away from work?<\/strong><\/p>\n\n\n\n

    Again, the position is changing quite quickly, but the latest advice from the FCO is that anyone who has returned to the UK from the certain areas should \u201cself-quarantine\u201d and stay away from work, even if they are not displaying any symptoms. This information is being updated on an ongoing basis, so employers should ensure they monitor the situation.<\/p>\n\n\n\n

    Other employees should only stay at home if they have travelled to certain countries (see the latest advice from the FCO as this list is changing) and\u00a0<\/strong>then\u00a0develop symptoms of a cough, fever or shortness of breath, however mild. As a general rule, therefore, employers should not require staff to stay away from work simply because they have travelled to these countries. Taking any steps to force them to do so (even if under pressure from other members of staff) may amount to a breach of the implied term of trust and confidence. Employees may be willing to work from home for a period of time (the incubation period for the virus is estimated to be between two and 14 days), but employers should be very careful about how they approach such conversations so as not to put themselves at risk of a claim.<\/p>\n\n\n\n

    Do we have to pay an employee if they self-isolate?<\/strong><\/p>\n\n\n\n

    Clearly, if a member of staff is\nactually unwell with the coronavirus, you should pay them in accordance with\nyour usual sick pay\/leave arrangements. <\/p>\n\n\n\n

    The position becomes less clear if they\nare self-isolating in line with the latest government guidance, but are not\n(outwardly, at any rate) actually unwell. <\/p>\n\n\n\n

    We understand that the Health\nSecretary, Matt Hancock, told MPs: \u201cself-isolation on medical advice is\nconsidered sickness for employment purposes. That is a very important message\nfor employers and those who can go home and self-isolate as if they were sick,\nbecause it is for medical reasons\u201d.  However, it is not clear on what basis\nhe has reached this conclusion.  It may be a loose reference to the fact\nthere are provisions buried in the legislation under which individuals can be\ndeemed to be sick for SSP purposes in certain circumstances.  Further\nclarity from the government would be welcome.<\/p>\n\n\n\n

    Employers should obviously check their\nown policies\/ contracts concerning pay, but it would be unusual for employees\nto have a contractual right to pay\/sick pay in these circumstances. Some\nemployers may choose to treat such periods of absence as sickness for their own\ncompany sick pay purposes.<\/p>\n\n\n\n

    Acas has recommended in its guidance on\nthe coronavirus that employers treat such leave as sick leave and follow their\nusual sick pay policy or agree for the time to be taken as holiday. <\/p>\n\n\n\n

    It would clearly be best practice to\npay employees their normal pay in these circumstances and we note that some\nlarge employers have already adopted this approach, not least because otherwise\nemployees may try to come into work, putting others at risk. We would, however,\nrecommend that employers take specific advice on this issue before agreeing to\nanything, as there may be circumstances where it is not appropriate to\nadopt\/continue with this approach.  It may also lead to \u2018copycat\u2019 absences\nonce employees are aware that company policy is that they will be paid as\nnormal when absent due to self-isolation. <\/p>\n\n\n\n

    If an employee is able to work from\nhome, this makes things simpler, as the employer should allow this and continue\nto pay the employee as normal. We recognise that this will not be practicable\nfor all employees.<\/p>\n\n\n\n

    How should we deal with a member of staff who refuses to come to work because they are concerned about the risk of infection?<\/strong><\/p>\n\n\n\n

    In light of the current threat level in\nthe UK, it is unlikely to be reasonable for an employee to refuse to come to\nwork on this basis, especially if there have been no cases in their specific\nworkplace. Clearly, however, an employer should take steps to understand an\nemployee\u2019s concerns before taking any action, especially if they may be at greater\nrisk from developing the coronavirus. In light of the current media coverage of\nthe coronavirus and stories about whole offices being sent home, it is not\nsurprising that some individuals are worried about contracting the virus and\nare keen to take steps to minimise the risk of infection.<\/p>\n\n\n\n

    If you are communicating with your\nstaff about the virus and what steps the company is taking to protect the\nhealth and safety of its staff, the risk of employees refusing to come to work\nis likely to be reduced. If there is some basis for their concerns, you may\nwant to think about allowing them to work from home for a period of time,\ntaking some annual\/ unpaid leave, etc. It might also be useful to remind them\nof other support services you have in place, such as employee assistance\nprogrammes and wellbeing programmes.<\/p>\n\n\n\n

    What should we do if a member of staff is confirmed as having the virus and has recently been in the workplace?<\/strong><\/p>\n\n\n\n

    The current advice from the government\nis that, in such circumstances, the employer should contact the Public Health\nEngland local health protection team to discuss the situation, identify people\nwho have been in contact with the individual and discuss any actions or\nprecautions that should be taken. A risk assessment will be undertaken by the\nhealth protection team and advice to the company will be based on this\nassessment. The government says that closure of the workplace is not\nrecommended. A knee-jerk response risks demonising the sick employee in\ncircumstances where it may not be down to them at all.<\/p>\n\n\n\n

    If our staff say they want to wear face masks at work, are we entitled to say no?<\/strong><\/p>\n\n\n\n

    In the majority of circumstances, yes.\nThe current advice from the government is that employees are not recommended to\nwear facemasks to protect against the virus. It recommends that facemasks are\nonly required to be worn by \u201csymptomatic\u201d individuals (as advised by a\nhealthcare worker) to reduce the risk of transmitting the infection to other\npeople. Similarly, the latest advice from the World Health Organization is that\npeople only need to wear facemasks if they are treating someone who is infected\nwith the coronavirus.<\/p>\n\n\n\n

    If staff are concerned about contracting the virus, they should follow normal best practice about reducing the risk of infection, e.g. washing hands frequently, disposing of tissues, etc.<\/p>\n\n\n\n

    If the situation worsens and we are considering closing one of our sites, do we have a right to lay off staff in these circumstances? Are we obliged to continue to pay them?<\/strong><\/p>\n\n\n\n

    In certain sectors, employees\u2019\ncontracts of employment or collective agreements may contain \u201clayoff\u201d\nprovisions, which give employers a contractual right not to provide employees\nwith work for a short period of time, usually as a way of avoiding\nredundancies. Employees can be laid off without pay where there is a\ncontractual term to this effect, but they may be entitled to a statutory\nguarantee payment from the employer.<\/p>\n\n\n\n

    Employers may be able to rely on these\nprovisions in certain circumstances, but as employees may bring claims if\nlayoffs are not handled correctly, we would recommend that employers take\nspecific advice on this issue before requiring staff to stay away from work,\nespecially if they wish to be able to do so without paying them. Acas has\nproduced guidance for employers on layoffs and short-time working.<\/p>\n\n\n\n

    Can we prevent staff from going on holiday to high-risk areas?<\/strong><\/p>\n\n\n\n

    It may be possible to turn down a\nholiday request by issuing a counter-notice in accordance with the provisions\nof the Working Time Regulations 1998, but a better (and less antagonistic)\napproach at this stage may be to remind staff about the latest government\nguidance on high-risk areas and the circumstances in which they would be\nrequired to self-isolate on return to the UK, possibly without pay. Employers\nshould ensure they do not do anything that could give employees the right to\nbring a constructive dismissal\/ discrimination claim, etc., but they can\ncertainly encourage staff to insure against holiday cancellation on these\ngrounds.<\/p>\n\n\n\n

    Practical Tips for\nEmployers<\/p>\n\n\n\n

    1. Stay up to date with the latest guidance<\/strong>\u00a0\u2013 The situation is obviously changing quite quickly, so employers should ensure they stay up to date with the latest government guidance and advice from public health agencies. Links to key websites are provided below:
      1. The government\u2019s\u00a0guidance<\/a>\u00a0for employers and businesses. This contains useful advice for employers in providing advice to staff on the virus, what to do if someone with the virus has been in a workplace setting, etc.<\/li>
      2. Acas has published some\u00a0guidance<\/a>\u00a0for employers on what they should do to protect the health and safety of their staff.<\/li>
      3. The latest\u00a0travel advice<\/a>\u00a0from the FCO.<\/li>
      4. The latest advice from the\u00a0NHS<\/a>.<\/li>
      5. Employers should review their approach in light of the latest guidance.<\/li><\/ol><\/li><\/ol>\n\n\n\n
        • Avoid knee-jerk reactions\u00a0<\/strong>\u2013 Employers should ensure they adopt a proportionate response to the coronavirus outbreak, based on the current level of risk in the UK, the nature of their business, available medical opinion, etc. Knee-jerk reactions could result in grievances and, at worst, claims.<\/li>
        • Communicate with your staff\u00a0<\/strong>\u2013 While the risk to health in the UK is currently still low to moderate, the extensive media coverage of the coronavirus is making many people concerned about the risks, especially if they are more vulnerable to infection, e.g. the elderly and those with certain health conditions. Employers should, therefore, ensure they are communicating with their staff about the virus, letting them know what they can do to protect themselves against the risk of infection, together with the steps the company is taking to deal with the risk, e.g. suspending business travel to China, etc. Employers should clearly be careful about the tone of their communications to avoid any unnecessary panic.<\/li>
        • Have contingency plans in place\u00a0<\/strong>\u2013 It would be sensible to review your business continuity plan to ensure you know what to do if the threat level increases. In addition, ensure that you have up-to-date contact details for your staff, emergency contact details, etc. Consider what you can do in advance to facilitate home working and to maintain key trading functions. <\/li><\/ul>\n","protected":false},"excerpt":{"rendered":"

          What are our obligations from a health and safety perspective in relation to our staff? Employers have a duty to ensure the health and safety of their employees and non-employees (contractors, members of the public, etc.) so far as is reasonably practicable. This would include taking reasonable steps to control the spread of the coronavirus at sites under the control of the employer. Employers should carry out a risk assessment and then implement reasonably practicable control measures to either eliminate or mitigate the coronavirus hazard. From a practical perspective, we would recommend that employers: Ensure staff are aware of the… <\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"twitterCardType":"","cardImageID":0,"cardImage":"","cardTitle":"","cardDesc":"","cardImageAlt":"","cardPlayer":"","cardPlayerWidth":0,"cardPlayerHeight":0,"cardPlayerStream":"","cardPlayerCodec":"","footnotes":""},"categories":[4],"tags":[216,214,217,17,102,212],"class_list":["post-1456","post","type-post","status-publish","format-standard","hentry","category-job","tag-coronavirus","tag-covid-19","tag-employee","tag-recruitment","tag-recruitment-connection-ltd","tag-uk-employment-law"],"_links":{"self":[{"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/posts\/1456","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/comments?post=1456"}],"version-history":[{"count":5,"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/posts\/1456\/revisions"}],"predecessor-version":[{"id":1461,"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/posts\/1456\/revisions\/1461"}],"wp:attachment":[{"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/media?parent=1456"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/categories?post=1456"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.recruitment-connection.co.uk\/index.php\/wp-json\/wp\/v2\/tags?post=1456"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}