There are so many scenarios that may arise over the coming weeks and months and the truth is that none of us know what lies ahead. One thing we do know is that the landscape is going to be ever changing and because of this it’s important that you make decisions, which will impact your employees and your business, based on the latest advice and that you keep abreast of the daily updates being released by the government.
Whilst we can’t foresee all the challenges that lie ahead we can provide some guidance on situations which we do anticipate that business owners will face and how best to protect your employees.
Should I let everybody work from home?
If you are operating a business where employees can work from home and the impact on your business will be minimal we recommend that you do so. The government advice of minimizing social interaction and avoiding all but essential travel means that where possible businesses should be looking to transition to their employees
working from home so that we call help to stop the spread of COVID-19.
What if I want to send an employee home as a precaution?
If you have not already sent your employees home to work and you have an employee which you are concerned about you can send them home. If you decide to do this the employee should be paid in full as the employee will be considered to be following a reasonable instruction from their employer.
We have a clause in our contracts to say that we can suspend employees briefly without pay? Does this apply now?
This right usually only applies in very limited circumstances and a suspected illness is unlikely to be covered. Unless you retain a clear contractual right to suspend employees without pay or benefits you should not do so as you could potentially face claims for breach of contract, unlawful deduction of wages and constructive unfair dismissal.
What if employees are coming to work when they are ill as they are worried about not being paid?
We already know that this is the case when employees have colds but this situation is different and, we all need to take it seriously. This means that we all need to work together to protect one another. If someone is sick or has been exposed to the virus in anyway, where possible, employers should look at paying any absence as full-paid sick leave to alleviate any immediate financial concerns. However, for smaller businesses this may not be possible and in these cases the government have
enhanced sick pay for Covid-19 absence
to be payable from day 1 of absence (not day 4 as is normally the case) and these costs are refundable to employers.
Do employees need to provide a FIT note or medical certificate?
No, a FIT note is not required for the first 7 days of absence and employees can self-certify for this period. After 7 days employers can decide what evidence, if any, is required. In the coming weeks the government is expected to introduce a
temporary alternative to the current FIT note.
One of our employees has tested positive for Covid-19. What should we do now?
The official guidance is that you don’t need to close your place of work and there are currently no restriction or special control measures. The local Public Health England (PHE) health protection team will come in and conduct a risk assessment and will advise on whether or not a closure is necessary. However, in line with advice if you have any employees how are considered to be higher risk and are not already working from home you should consider more flexible arrangements during this period.
What if an employee needs time off to look after somebody else impacted by the virus?
Employees are entitled to time off work to help someone who depends on them in an unexpected event or emergency. For example:
- if they have children they need to look after or arrange childcare for because their school has closed
- to help their child or another dependant if they’re sick, or need to go into isolation or hospital
There’s no statutory right to pay for this time off, but some employers might offer pay dependant on their own internal policy or, in these uncertain times may agree to pay any leave taken under dependants leave at full pay for a temporary period. If you do this you must apply the policy consistently across your entire business.
What else can we do to protect our employees?
If you do still have employees on site put up posters reminding them of all the key facts (such as washing hands regularly for 20 seconds) You can download the Public Health England posters
here.
For those employees who are working from home ensure that you
maintain regular contact
with them throughout the coming weeks and months. Isolation can impact individuals wellbeing and regular phone calls, team Skype meetings or having a virtual coffee with a colleague can make a huge difference.
Most importantly keep talking to your employees about the ever-evolving situation and answer any questions or concerns that they may have and finally, keep up to date with all the latest changes that could impact your business by signing up to our newsletter
today.