With the Coronavirus now firmly in the UK, the risk of it spreading, and with incoming supplies hit, how do employers prepare for the possible consequences?
Reduced hours
JCB is already suspending overtime and is reducing hours further. Employers options for reducing hours vary. Overtime reductions are usually straightforward. Further reductions (short time working) are often achieved through persuasion, because the alternative is usually redundancy. If you close the business for a period, you are obliged to pay contractual pay unless you can reach a voluntary agreement with employees.These are difficult areas. Lay-offs may be considered, though normally only if the employee contracts allow it.
Homeworking
If employees cannot get to work, then home working may be an option, especially for those who do not need to be present in particular places to carry out their work. Employers should have a “home working policy” (or include a clause in individual contracts of employment) and probably a “bring your own device to work policy” (if they are to use their own devices).
New ways of working – top tips to stay ahead
Quarantined employees and pay
ACAS suggest: “it’s good practice … to treat [quarantine or self isolation] as sick leave”. The Prime Minister has announced (March 4th) that Statutory Sick Pay is to be paid from day 1 (and not after 3 waiting days) for self isolating workers. The detail is not immediately available but presumably employers will be expected to fund this. In any case it doesn’t resolve the conflict between those quarantined because they may have the virus and those (apparently fit employees) who cannot get to work because of travel restrictions. It is the employees responsiblity to get to work and so a failure to do so would not normally be paid.
Budget changes
Changes announced in the budget are making temporary changes to sick pay rights. There is a straightforward summary here.
Discrimination
Employers have a legal duty under the Equality Act to protect employees from discrimination, including harassment and including discrimination by association with someone who has a protected characteristic. It would be discrimination, for example, to re-allocate someone’s duties based on their racial origin.
Employers could also face claims if there is harassment of Chinese or Asian workers or of those associated with them.
In appropriate circumstances it may be wise to explicitly warn that such discrimination would be a disciplinary matter.
Other actions
Employers might consider actions to reduce the risk of spread, such as availability of soap or hand gel, tissues and encouraging good hygiene practices. There is advice here.
Currently the greater immediate threat to individuals is from the flu virus which already widespread and accounts for thousands of deaths in the UK each year. In sectors where hygiene is especially significant it would be wise to ensure procedures are followed stringently. Informal warnings, followed by formal disciplinary procedures if necessary, would be appropriate to ensure compliance.
Elsewhere, and in the current circumstances (29th February), it may be sufficient to: 1) lead by example, 2) prepare advisory information and 3) encourage employees to follow the practices above. It may be relevant that the “is the person next to you using soap?” message has shown that “people are more likely to wash their hands properly…if they are shamed into it or think they are being watched”!
In summary
Clearly the impact of coronavirus is still emerging. Please refer to our website for other blogs.
Malcolm Martin FCIPD
Author Human Resource Practice
Blogs are for general guidance and are not an authoritative statement of the law.