Protecting Your Workforce From The Spread Of Coronavirus

Image of corona virus

By Tina Chander, partner and head of the Employment team at Wright Hassall.

The coronavirus outbreak (Covid-19) has raised serious health concerns, with many countries imposing travel restrictions and entering quarantine to slow the spread of the illness.

Recently, the UK Government confirmed that sick employees will receive statutory sick pay from the first day off work, not the fourth, arguing that those self-isolating for the safety of others should not be penalised. Meanwhile, Boris Johnson has urged people to work from home where possible, as social distancing measures are put in place.

Whilst the number of UK cases are relatively low compared to other parts of the world, these new recommendations and rules will undoubtedly impact businesses, so employers must take the official advice on board and ensure their workforces are protected.

Reducing the risk to employees

If your business hasn’t temporarily closed due to the coronavirus, then it’s crucial that information is shared to all employees, via emails or team meetings.

It may also be wise to designate an available space as an ‘isolation room’, where those experiencing symptoms can retire to before calling NHS 111, for further medical advice.

Other steps to take include:

  • Ensure that the contact numbers and emergency contact details of all members of staff are up to date
  • Ensure that managers are aware of the symptoms of the virus and how to spot them
  • Disseminate information across management on issues such as sick leave and sick pay and the procedures to follow if an employee develops symptoms of the virus
  • Ensure that facilities for regular and thorough washing of hands are in place, including hot water and soap
  • Dispense hand sanitisers and tissues to employees
  • Weigh up the pros and cons of supplying protective face masks to employees who may be working in particularly high-risk scenarios

Thorough handwashing has been recommended as an effective way to slow the spread of coronavirus, so employers should encourage staff to take their time when doing so, without the fear of being penalised.

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 such as avoiding touching any surfaces, coughing or sneezing into a tissue and disposing of it immediately, using a separate bathroom if one is available.

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, identify anyone who has been in contact with the employee in question, carry out a risk assessment 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 complicating factor surrounding this virus, however, is the government advice for people returning from high risk areas to self-isolate for 14 days.

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, as in the case of those working in frontline services in the care sector, healthcare, cleaning, hospitality, catering and the emergency services.

Currently, there is no bespoke advice for specific industries, but as the impact of Coronavirus spreads, we may see more advice and contingency plans develop to ensure essential and core services, like the food supply chain, pharmaceutical manufacturers and energy suppliers continue to operate.

Employees may 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, like those with existing medical conditions or the elderly.

In such cases you should offer flexible solutions such as working from home if possible. Alternatively, although there is no legal obligation to do so, you could offer the time away from work as a holiday or unpaid leave.

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.

No time to be divisive

Employers must also take steps to ensure that no members of staff, customers or suppliers are treated differently because of their race or ethnicity.

It may be appropriate to remind staff that jokes and banter, even if light-hearted, may easily slip over the line to become unlawful harassment and/or discrimination, for which an employer may be liable.

Employers can avoid liability if they can show they took ‘all reasonable steps’ to prevent employees behaving in such a manner.

Taking reasonable steps can include having well publicised diversity and harassment policies and training all staff on the issue. Managers must also be trained about their responsibility to identify and prevent discriminatory behaviour.