Now that Public Health England (PHE) has announced that widespread transmission of Coronavirus is ‘highly likely’, as an employer, what should you do when it comes to protecting the health and safety of your staff and how can you approach those who choose to self-isolate.
There are some steps that you can take in order to avoid anxiety for your staff, but first, here are the facts when it comes to sick pay.
If an employee has the virus, they are entitled to the usual sick leave and pay entitlement. You might need to make allowances if your policy requires evidence from an employee. For example, if they have been told to self-isolate, they may not be able to get a sick note (‘fit note’) once they move beyond the period of time during which they can self-certify.
If an employee is not sick but you tell them not to come to work, should they get their usual pay? For example, if someone has returned from China or another affected area.
There’s no statutory right to pay if someone is not sick but cannot work because they:
In these cases, there are a variety of options open to you if the employee is not actually sick. Look at alternatives such as flexible working such as working from home or agree for the time to be taken as holiday or a combination of the above and unpaid leave. If you choose not to pay, there is a risk that the employee will come to work as they want to get paid, and they may well spread the virus, if they have it.
If an employee does not want to go to work as they are afraid of catching the virus, you need to listen to any concerns. For example, it maybe that they have a very sick relative with a supressed immune system, and they’re genuinely scared of passing anything on to them. In these circumstances, look at the alternatives suggested above. If an employee refuses to attend work, and you don’t agree to their leave, you need to decide if you are going to take any action, such as inviting them to a disciplinary meeting.
You need to take care not to cause unnecessary alarm and ensure that any steps you take are reasonable. The following are good practice guidelines from ACAS and will help you to ensure a safe workplace.
It’s important to remember that people will be worried about the virus and they need to feel that you are looking after their health, safety and well-being. It might be worth offering enhanced support to those more vulnerable such as those who are older or with underlying health conditions.
You can play a key role by keeping your people up to date with the latest advice and guidance issued by government and public health agencies. As the virus continues to spread, it could pose a real threat so therefore, it’s important to have longer term plans in place.
If you need help with any of your people policies, then give us a call. We can assess the effectiveness of your existing policies and procedures and ensure that you’re compliant with all relevant legislation.
Keep up to date with all the latest information:
Information from the Government
Find your local PHE protection team