Posted on Wednesday March 18, 2020
This is an extremely fast-changing area of law and the following advice relates to the current situation as at today’s date.
The UK has moved from the ‘contain’ to the ‘delay’ phase of its response to coronavirus and has widened the circumstances in which it recommends self-isolation.
This means that there is an increased chance of the response to coronavirus having an impact on the operations of employers and the lives of individual employees.
To help you navigate the challenges that may come with coronavirus, whether you are an employer or employee, we have put together this short guide.
Follow Government advice
The Government’s official advice has the potential to change quickly, so to ensure that you are acting according to the latest advice from the Government, it is a good idea to visit the official guidance pages on gov.uk regularly.
Sick pay for individuals in self-isolation
With the increased range of circumstances in which the Government advises that people should self-isolate, there is a greater chance that you will have to deal with self-isolation.
Statutory Sick Pay (SSP)
The legal provisions for those who self-isolate in accordance with public health guidance on coronavirus to be considered incapable of work, for the purpose of claiming statutory sick pay came into effect on 13 March 2020.
This definition is a person who is “isolating himself [or herself] from other people in such a manner as to prevent infection or contamination with coronavirus disease, in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales …. and [who] by reason of that isolation is unable to work”.
The government is currently advising employers to use their discretion not to require a fit note from a GP for coronavirus-related absences, due to the strain on GP surgeries.
The Government has also confirmed that SSP will payable from the first day that an employee is absent from work to self-isolate.
The Government has also committed to reimbursing businesses with less than 250 employees as at 28 February 2020 for the cost of SSP for the first 14 days of self-isolation.
Contractual Sick Pay
It may be necessary to pay additional sick pay in circumstances where this is provided for in a contract of employment, in the employee handbook, or even where it is usual practice to do so.
If you are unsure as to what to do in specific circumstances, please contact a member of our team.
Pay for individuals you have required to self-isolate
There may be circumstances in which you consider that an employee should self-isolate, even where this is not in accordance with Government advice. In these circumstances, you would have to continue to pay them their basic salary as usual.
Lay-offs owing to reduced work
It is possible that businesses, especially those in certain sectors, will see a reduced workload as a consequence of coronavirus.
In these circumstances, and where allowed for in the contract of employment, employees can be laid off temporarily.
Employees who are laid off must be paid a guarantee payment of up to £29 a day and a maximum of £145 in a three-month period.
If employees have at least two years’ continuous service, serve written notice of their intention to claim and spends the necessary length of time on lay-off or short time working, they can claim a statutory redundancy payment. The necessary time is either four or more consecutive weeks or a total of six weeks (of which no more than three are consecutive) in any period of thirteen weeks. Weeks in which the employees have not worked as the result of a strike or a lock-out do not count.
Use of holiday
Another option that employers might wish to use is to require employees to take annual leave.
Where an employer wishes to do this, they must provide notice of at least twice the length of leave they require the employee to take. A requirement for an employee to take a week’s leave would require two weeks’ notice.
- Provide guidance to employees, setting out your approach to coronavirus.
- Assess whether any of your employees belong to vulnerable groups and who may need special provisions or employees whose presence is crucial to the functioning of your organisation.
- Check the steps that can be taken feasibly to reduce the risk to employees, including whether it is possible to reduce face-to-face contact with customers, clients or suppliers, allowing working from home, stepping-up the cleaning regime or holding meetings remotely.
For further specific advice on dealing with coronavirus in your workplace, please contact us today.