On 30 January 2020, the World Health Organisation (WHO) declared coronavirus a Public Health Emergency of International Concern.
The government has announced that up to a fifth of the workforce may be off sick during the peak of a coronavirus epidemic in the UK. An employer has various common law and statutory duties to take reasonable care of employees’ health, safety and welfare, including providing a safe place and system of work.
As the outbreak continues to escalate in the UK, employers should consider some simple steps to protect staff:
- Keep everyone updated on actions being taken to reduce risks of exposure in the workplace
- Encourage high levels of good health and hygiene amongst employees, for example, by providing hand sanitisers and reminding employees to be extra vigilant
- Ensure any employee displaying coronavirus symptoms stays at home, whilst managing the situation carefully and sensitively
- Carry out a risk assessment to identify whether there are any factors which increase the risk of infection in the workplace
- Identify vulnerable employees such as pregnant women, those with immune deficiencies and other health conditions
- Ensure staff emergency contact details are up to date
- Ensure managers know how to spot symptoms of COVID-19 and are clear on relevant processes, such as sickness reporting and sick pay
- Consider alternative ways of working such as working from home
- Monitor employees’ overseas travel plans, both business and personal
- Implement a self-quarantine period for staff who have holidayed in affected areas
- Consider putting in place a contingency plan in case the workplace needs to close temporarily
- Keep the situation under review in line with up-to-date guidance from the government and the WHO.
Self-Isolation
Public Health England (PHE) has advised self-isolation for people who have travelled back from an area where COVID-19 is known to be present and people who have been in close contact with an affected person. Self-isolation requires the individual to remain at home for a period of 14 days and to limit their contact with others.
Absence, Sick Leave and Pay
Employers need to be aware of the statutory and contractual rights that an employee has in cases where they or a dependant becomes ill and they cannot attend work. Employers should give consideration to what periods of absence will be paid and for how long. This is usually governed by the employee’s contract of employment and workplace policies. An employer should be careful to exercise any discretion fairly and consistently across the workforce.
There is no legal obligation to pay an employee who is not sick but who cannot work because they have been advised to self-isolate. However, in cases where an employee cannot work from home, and remains ready and willing to work but has been advised not to, employers should treat the absence as paid sick leave or agree for time to be taken as paid or unpaid leave. This avoids the risk of the employee coming into work and potentially spreading the virus.
Employers should be particularly aware of the needs of employees who may have special cause for concern about the risk of infection, such as pregnant women, those with compromised immunity and older workers at higher risk of infection.
Employers should also be mindful that even employees who are not considered high-risk may be experiencing high levels of anxiety and concern about the outbreak of coronavirus and potential threat to their health. They may feel reluctant to attend work if they fear they are being placed at increased risk. Where there are genuine concerns, the employer should listen to employees and try to resolve these issues by exploring alternative working arrangements, such as homeworking or allowing a period of paid or unpaid leave. If an employer has taken all steps to mitigate the risk, and exhausted all options of alternative working, but an employee still refuses to attend work unreasonably, an employer may consider disciplinary action as a last resort.
Travel Arrangements
Employers should take steps to prevent employees travelling to areas the government has identified as high risk. Employers can prevent employees travelling on business, however, seeking to restrict personal travel arrangements is more complex, particularly if it prevents employees from visiting family. This may give rise to indirect discrimination issues if such action disproportionately affects employees of a particular ethnic origin, unless the employer can show that its actions are proportionate and reasonable in the circumstances. It is important that these matters are handled consistently across the workforce and appropriate risk assessments carried out.