Stop the spread of COVID-19 in the workplace

While the coronavirus outbreak (officially COVID-19) has raised serious health concerns, its impact on stock markets around the world has become an issue for businesses and the way they undertake commercial activities.

The Government recently confirmed that statutory sick pay will be given to workers from the first day off work, not the fourth, which means that those self-isolating in order to protect others will not be penalised. This decision has raised more questions about sick-pay and working from home.

Whilst the number of UK cases is relatively low, businesses with globally connected workforces must monitor the outbreak and ensure their employees are informed and protected.

Reducing the risk to employees

Of course, it’s important that employers start by taking the advice issued by official bodies and share it throughout the workforce, whether that’s via emails, meetings or calls.

Being proactive is key, so businesses should take the time to designate an ‘isolation room’ where sick employees can go to reduce the risk of spreading the virus, before contacting 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 updated
• 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

Currently, people are being encouraged to wash their hands thoroughly for 20 seconds, so don’t punish staff for the extra time taken to complete such tasks.  

Demonstrate your commitment to the health and safety of your workforce by communicating the necessary information and keeping employees updated with developments.

What to do if an employee becomes unwell

If you suspect an employee may have the virus, then they should be removed from the proximity of other colleagues and placed in the ‘isolation room’, ensuring they follow all the necessary precautions.

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 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 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.

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 continue to operate.

In some cases, an employer might prefer an employee not to come into work, if they’ve returned from a high-risk area for example and in these circumstances the employee should receive their usual pay.     

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.  

As things stand at present it is still fairly unlikely that any workplaces will have to close as a result of the virus, but it’s a potential risk and organisations should have contingency plans in place including:

• Making sure that employees will be able to get in touch with the employer and any other members of staff they need to liaise with
• Ask employees to take mobile, tablets and mobile phones home with them to work from home

It may pay organisations to review any supply contracts they have to understand the implications of their business activities being interrupted by the virus or Government advice, with the position on whether insurance would cover COVID-19 losses remaining unclear.

No time to be divisive

While preventing the spread of coronavirus is a priority, it’s important that employers take steps to ensure no members of staff are treated differently because of their race or ethnicity.

Even comments that are intended as jokes can be taken the wrong way and become unlawful harassment or discrimination, for which an employer may be liable, so businesses must show they have taken ‘all reasonable steps’ to prevent such behaviour occurring.

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

Further advice and updates can be found on gov.uk.

Author: Tina Chander, partner and head of the Employment team at Midlands law firm Wright Hassell.