Coronavirus: What should employers do?

Tuesday 3 March 2020

With the number of cases of the Coronavirus increasing in the UK, employers must decide how best to protect their businesses and their workforce from the illness and what to do should any member of staff contract the virus.

Generally, the Coronavirus – of which COVID-19 is a variant – is little worse than a common cold or mild ‘flu. However, the Wuhan strain of the virus has proved to be much more dangerous. There have been hundreds of deaths across China – although it has been reported that symptoms are mild in the vast majority of cases and deaths have occurred predominantly when the sufferer had a pre-existing medical condition.

Employers have a duty to take reasonable care of their employees’ health and safety. Employers must therefore consider the risk to their employees posed by the virus and any steps which they can properly take to minimise that risk.

At this early stage, it is likely to be fear-driven behaviour that is the biggest problem rather than the illness itself. It would be no surprise to find an increase in requests to work from home and more employees taking precautionary sick days.

It is recommended that employers should reaffirm the guidance issued by Public Health England to any member of their workforce who has recently travelled to China (or the other countries identified in that guidance), or anyone who might have been in contact with someone who has been infected. Employees returning from the Wuhan region should stay at home for 14 days upon return to the UK and should avoid public spaces. It may be possible for the employee to work from home and during this time they may be entitled to claim Statutory Sick Pay. Employers do need to be mindful not to act in a racially discriminatory or harassing manner towards employees of far-eastern origin.

Employers cannot insist that their employees are tested for the virus. Any attempt to force an employee to undergo a test against their will may lead to a claim for constructive unfair dismissal. However, employees who fail to follow their employer’s instructions to follow medical guidance to prevent the spread of the virus could be subject to disciplinary action.

If an employee suspects they have contracted the virus, they should contact 111 rather than visit their GP. An employee showing signs of the virus or self-isolating on the advice of the 111 helpline should be treated as off sick, in accordance with normal company procedures.

Arguably, whilst employees who self-isolate without medical advice and do not develop symptoms of the virus will not be entitled to be paid during the isolation, in the current circumstances, it is best practice for the employee to be treated as being on sick leave and entitled to pay. Not paying employees who have self-isolated increases the risk that they will attend work and possibly spread the virus to the wider workforce.

If an employee needs to take time off because a dependant’s school has been closed due of the virus, then the Employment Rights Act 1996 gives them the right to take a short period of unpaid leave to make alternative arrangements.

It has been suggested that employers should, if possible, provide employees with hand sanitisers and disinfectant wipes in order to minimise the spread of any infection.

It is unclear how quickly and to what extent the COVID-19 outbreak will escalate. However, it would be advisable for employers to think now about what they might do should the situation escalate further.

If you have any questions about your obligations towards your staff in light of the coronavirus outbreak, please contact a member of our Employment Law team today.