Posted Wednesday 26th February 2020
The coronavirus outbreak has dominated much of the news agenda since it was first reported in Wuhan, China at the end of last year.
While there has been only a handful of recorded cases in the UK, it is important that all countries take steps to stop a widespread global pandemic. Furthermore, all UK employers must abide by health and safety legislation to protect their staff.
With that in mind, what responsibilities do employers have to any employees who might be at risk of carrying the coronavirus? And what processes and procedures should companies have in place to minimise the spread of the virus?
Employers should establish a new company policy to cover travel to and from China and other high-risk countries. A list of high-risk countries can be found on the government advice page on the coronavirus outbreak.
The policy should mirror official government advice. This currently advises against all but essential travel to the Hubei province in China, and therefore employers should limit work trips to that region (and mainland China, generally) as much as possible.
Employers need to exercise caution especially if refusing to allow employees to travel to China or other high-risk regions whereby they are travelling for personal reasons as such a policy could indirectly discriminate against employees of certain ethnic origins. However, such claims of indirect discrimination may be justified by employers on the basis that it is a proportionate measure in order to protect the health and safety of all employees.
In terms of those who have already travelled and returned from Wuhan or Hubei province to the UK in the last 14 days, the policy should again reflect government guidance and state that they should self-quarantine, even in the absence of symptoms.
In line with their health and safety obligations, employers should ensure that anyone with coronavirus symptoms do not come into work. Employees are under a duty to cooperate with their employer in complying with health and safety requirements. Any who refuse to cooperate could be disciplined under their company’s disciplinary policy.
Whether or not employees excluded from work during the quarantine period should be paid in full for the time off depends on the provisions of their individual employment contracts. They may have a contractual entitlement to paid time off if the employer has a travel policy which sets out such an entitlement or has a practice of paying people in similar circumstances.
Generally, if the employee has been abroad for work-related purposes, it would be reasonable to continue to pay their salary as normal until they return to work. If the trip was not work-related, employees are entitled to be paid only when they are working or on authorised leave.
The ideal solution is for employees to work from home, where possible. They should be offered the option to work remotely and to make use of telephone or videoconferencing rather than face-to-face meetings.
Otherwise, the employer could choose to either pay them or ask them to take annual or unpaid leave. Whatever the case, employees should be treated consistently in order to avoid discrimination claims.
If they are on holiday and fall sick while abroad, they should continue to be paid holiday pay or sick pay as normal.
It must be noted, that it may be impractical for the employer to make a worker take part of their holiday pay to cover any absence, as employers are required to give double the length of time in advance as notice. For instance, to make them take holiday for two weeks, employers must give four weeks’ notice. Therefore, it is advisable for employers to have conversations with their employees as early as possible regarding how the period of self-quarantine will be classified upon their return to the UK.
Other than making sure contact is limited with those carrying, or at risk of carrying, coronavirus, employers can take basic steps to help protect employees. This includes making sure they have advice on how to stop the spread of infection, passing on NHS general advice around keeping the workplace germ free by ensuring employees are washing their hands regularly. Employers should also make appropriate resources available to help follow this advice, for example, providing hand sanitiser in the office.
Cases of coronavirus have been limited in the UK, so far, and hopefully this will remain the case. However, making sure a consistent and practical procedure is in place to help limit the risk of employees being affected will help to ensure business continuity.
We are currently helping our clients to prepare their policies to deal with outbreaks of viruses together with guidance on communications with their employees. If you have any queries, please contact Reema Jethwa in the Employment Team.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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