Coronavirus: What should you consider as an employer?

Coronavirus continues to dominate the news, spreading rapidly throughout Europe and the Middle East. The Coronavirus (COVID-19) causes respiratory illness, usually resulting in mild symptoms including runny nose, sore throat, cough and fever. Some individuals may experience more severe symptoms, resulting in breathing difficulties and, in extreme cases, death.

This Coronavirus situation is reasonably unique, in that the Government’s advice is that people should choose to ‘self-isolate’ as a precautionary measure if they feel they may be at risk of suffering from the virus (where because they are experiencing any symptoms or because they have travelled to areas which are currently suffering from significant outbreaks). An employer could therefore technically argue that a self-isolating employee is not ‘sick’ in the traditional sense, giving them an opportunity to choose not to pay usual sick pay.

This outbreak creates numerous employment law issues, including questions about travel, health and safety concerns and discrimination claim risks. Employers should start thinking about the following:

1. Sick Pay

An employer should follow their normal sick pay policy if an employee is unable to come to work. The Government has now provided clarification that an employee who has placed themselves under quarantine will:

• Be considered to be ‘sick’; and
• Will be entitled to an enhanced statutory sick pay, providing payment from the first day of illness.

Currently, the statutory sick pay rules means that an employee is only entitled to receive sick pay on the fourth day of any continuous period of absence. This emergency rule (meaning that employees receiving statutory sick pay would receive around an extra £40.00) is aimed at encouraging employees to self-isolate by alleviating financial pressures, rather than them turning up to work and potentially increasing the chances of transmission of the Coronavirus.

2. Race Discrimination Claims

There have been reports of unfavourable comments having been made to employees of Chinese descent, so it is vital that an employer must not treat an employee differently because of their race or ethnicity. Employers should also be aware that they could be liable if their employees harass other colleagues because of their ethnicity.

3. Workplace Closures

Whilst some organisations have chosen to close during this outbreak (such as Deloitte LLP’s London office), you do not necessarily have to close your office if someone with coronavirus comes to work. You should contact the Public Health England (PHE) health protection team immediately for further advice before deciding how to proceed.

4. Absent Staff

Some people might feel they do not want to go to work if they are afraid of catching coronavirus. Employers should listen to any concerns staff may have and must try to resolve them to protect the health and safety of staff. However, if an employee unreasonably refuses to attend work, an employer can take disciplinary action as a result of their unauthorised absence.

5. Proactive Steps

Employers should consider the following simple steps to help protect the health and safety of staff:

• Give out hand sanitisers and tissues to staff, and encourage its usage;
• Emphasize staying at home when sick;
• Consider if any travel planned to affected areas is essential;
• Make sure there are clean places to wash hands with hot water and soap, and encourage everyone to wash their hands regularly;
• keep everyone updated on actions being taken to reduce risks of exposure in the workplace; and
• Make sure their employee’s contact numbers and emergency contact details are up to date.

If you have any questions in relation to this story or any other employment-related issue, contact our employment law team on 01908 660966/ 01604 828282, or email Employment@franklins-sols.co.uk.