Law firm, Law At Work, has released official guidance amid 'growing concern' from employers surrounding coronavirus and 'the affects it will have on their business and their employees.'
The first confirmed case of deadly illness caused by COVID-19 was revealed in Scotland on Sunday, with Scots now being urged to visit 'Drive-thru' coronavirus testing centres set up by NHS Lothian at Edinburgh's Western General Hospital.
The employment and HR experts have released guidance on everything from sickness absence for the infected, to what to do in the event of a large scale outbreak UK.
Reducing the risk to employees
Employers should be sending guidance to all employees to encourage them to be extra-vigilant. Documents should cover everything from washing your hands, to disposing of tissues and self-isolation.
If possible, employers should also consider designating an isolation room where an employee who feels ill can go and privately call 111 before taking any further necessary action.
In the event an employee is diagnosed with coronavirus, or if they have been exposed to the virus and/or develop symptoms, employers should treat them fairly, compassionately and in line with your own Sickness Absence procedure.
An employee has visited, or plans to visit, a high-risk area. What should they do?
Employers may ask employees about their travel plans provided they do so in a non-discriminatory or prejudicial way. Employers should not make assumptions based on race, nationality or ethnic background.
Employees should be informed that anyone who visits a high-risk area must obey the World Health Organisation guidelines and government travel information: https://www.gov.uk/foreign-travel-advice
Anyone who experiences symptoms of coronavirus must obtain urgent medical advice and, where possible, provide a fit note to cover their period of sickness absence.
Where an employee is not sick but the employer insists that they remain away from the workplace as a precautionary measure, they should be paid as normal.
What if employees refuse to come to work?
Where an employee refuses to attend work due to concerns about coronavirus in circumstances where they have not been diagnosed or directly exposed to it, the employer should listen to their views and provide reassurance as far as possible.
An employer can permit home-working, where feasible, although employees should understand that this is time-limited. Alternatively, the employee could request holiday or unpaid leave which would be subject to the employer’s agreement as normal.
When employers do not agree to the request to remain away from the workplace, and employees have not been advised to self-quarantine and are not experiencing coronavirus symptoms, organisations may treat their refusal to attend work as an unauthorised absence and act appropriately.
If an employee is not sick but in quarantine or self-isolation, are they entitled to sick pay?
There is no legal obligation to pay employees sick pay in these circumstances. However, the ACAS guidance advises that it may be good practice to treat this as sick leave and pay sick pay accordingly or agree that time can be taken off on annual leave or unpaid leave. Otherwise there is a risk the employee will come to work because they are not being paid and spread the virus, if they have it.
In the event of a large-scale outbreak in the UK
Businesses which are forced to close or experience a downturn in work due to reduced demand for goods and services, may have to consider introducing short-time working, temporary lay-offs or, in extreme cases, redundancies.
In order to implement temporary lay-offs or short-time working, there must be a clause within the individual employee’s contract of employment permitting the decision.
Employees cannot be selected for short-time working or lay-offs in a discriminatory manner. Businesses must also consider if it is appropriate to implement lay-offs or short-time working as there is the possibility that, should the period last for four consecutive weeks or for any six weeks in a thirteen-week period, an employee may be entitled to receive a redundancy payment.
If contracts of employment do not allow for short-time working or lay-offs, employers will need express consent from the employee before implementation.
Law At Work will continue to monitor the situation and is available to answer queries that businesses may have. For more information please visit www.lawatwork.co.uk
