Coronavirus has hit global headlines in recent weeks, with the World Health Organization declaring a global public health emergency.
Since the beginning of the Coronavirus outbreak, many organisations have implemented precautionary measures. British Airways have halted all air travel to several regions, and various global tech firms including Apple, Amazon and Google have imposed travel restrictions to and from China.
With cases of the virus now confirmed in the UK, what steps should employers be taking to prevent the spread of Coronavirus?
Experts believe that the number of people affected by the virus will continue to rise, and health officials around the world are on high alert. The Foreign and Commonwealth Office (FCO) advises against all travel to Hubei Province, where the virus originated, and all but essential travel to the rest of mainland China.
Although the epidemic has started in China, it hasn’t taken long for it to spread worldwide. A recent development has led to Health Secretary Matt Hancock stating that Britons returning from quarantined Italian towns must self-isolate, even if they have no symptoms.
In addition, those with flu-like symptoms coming back from areas of Italy north of Pisa should stay at home for 14 days. Italy has put several towns in Lombardy and Veneto regions into lockdown because of the coronavirus.
But what does this mean for employers and employees? How do we deal with various scenarios and what’s the impact on employment issues? The law says if you stay away from work but aren't sick, you may not get paid. But is that an appropriate response for employers at this time?
I've been to one of those towns but I'm not ill. Will I get paid if I'm not at work?
If you can work from home, you may be able to carry on as normal. But those who work in retail and factory workers probably won't have that option. And how should employers treat an employee who self-isolates for 2 weeks? There are an obvious number of options:
Otherwise there's a major risk the employee will come to work because they want to get paid. As an employer, you have a duty of care to ALL your employees and there's also a strong moral responsibility to ensure that employees feel safe and secure in their employment environment. So, it’s a balance as an employer you must consider and take appropriate action.
But this is only advice and not the law. There is no statutory right to pay if you aren't sick, although some contracts may be more generous than others. A spokeswoman for the Department for Work and Pensions said: "People who are prevented from working because of a risk to public health are able to claim universal credit." She said they may also be entitled to contributory employment and support allowance, which helps with living costs for people who cannot work because of a health condition.
If employees need to self-quarantine or are sent home as a precaution, this should be done on full pay. Some employment contracts contain a right to suspend employees briefly without pay. However, this right usually only applies in limited circumstances and a suspected illness is unlikely to be covered. Unless there is a clear contractual right to suspend employees without pay or benefits, then employers who insist on this could potentially face claims for breach of contract, unlawful deduction of wages and constructive unfair dismissal.
Who do I have to tell?
Employee’s in this situation should be communicating with their employer every day. Not telling your boss why you are off work could breach your contract.
I am too ill to work. Will I get paid?
If you are sick, or have symptoms, you qualify for at least statutory sick pay, or whatever your contract may provide over and above that. Statutory sick pay (SSP) is £94.25 per week and can be paid for up to 28 weeks. It is only paid from the fourth day of sickness. A doctor's note may not be necessary in the circumstances as GP advice is to self-isolate and stay at home and not visit your GP practice.
I have a history of illness and now I have to be off again. Will I be fired?
While long, frequent absences can get you sacked, employees can take some comfort from the fact that the call to self-isolate is government advice and is designed to stop the spread of the disease. Also, employers have a responsibility for duty of care for ALL employees and to stop their employees from falling ill.
In these circumstances, and since employees have followed government advice, we would encourage employers to be reasonable.
Be prepared
Emphasise staying home when sick, respiratory etiquette and hand hygiene by all employees:
Place posters that encourage staying home when sick, cough and sneeze etiquette, and hand hygiene at the entrance to your workplace and in other workplace areas where they are likely to be seen.