At present there seems to be a high possibility of a Covid-19 pandemic in the United Kingdom. Infection rates could be seen to rise to nearly 60% of the population, with 25% suffering from more severe symptoms and 2% will require treatment.
If the Cornavirus spreads like suspected it will have a number of knock on effects, transport, schools, working patterns and more.
As an employer it would be irresponsible to presume that these predictions are exaggerated because we have survived other high-profile diseases and they haven’t spread like we thought they may. Now is the time to take sensible precautions and to prepare yourself for the worst. This could protect you from financial losses and claims in the future.
Your obligations
Contracts of employment contain obligations for you to take care of the health and safety of all of your employees.
Any breaches of these obligations could potentially lead to constructive dismissal claims and employee resignations.
As an employer you also have to follow a common law duty that states you have to take reasonable care of the health and safety of your employees. This includes providing them with a safe place of work.
If the damage was easily foreseeable your employee could bring a personal injury claim against you.
As a business you are subject to a similar obligation found under the Health & Safety at work act(1974) any breaches of this could lead to a criminal prosecution against you.
So it is imperative that you plan and prepare for what could be ahead.
Am I allowed to discipline or dismiss someone who is not ill but is refusing to come to work?
Dependent on the circumstances, yes. First you must take into account any existing conditions that may contribute to irrational or increased anxiety issues.
Do I have to still pay my employee if this happens?
It may well be a good idea for you to do so as the employee has rights to contractual sick pay. However, if the employee is not ill this does not apply. As previously mentioned though, if the employee is suffering from anxiety about the current threat of coronavirus, then they are entitled to the sick pay.
What should I do if my employee comes to work after being in contact with a person infected with the Coronavirus?
To begin with you should make sure that there are clear instructions that staff should not do this and that they should contact you via telephone if they believe they have been in contact with an infected person.
If any of your employees ignore this instruction then you can ask them to go home or to work from home. It is a possibility that you may have to pay your employee should this occur.
Should I impose new safety rules on staff? Do I need to talk to them about the new rules?
If the number of confirmed cases continue to rise as quickly as it has then there will be a duty for you to do so. Even now some would argue that as an employer you have a responsibility to impose these new safety rules.
It’s good practice to consult with all of your management team withing your organisation and to consider your specific needs and operations.
What if my employee chooses to ignore new rules?
If this situation arises then you may be in a position to take disciplinary action. Dependent on the specific circumstances a warning should be implemented first.
Can I adjust working hours to reduce the number of my employees at work at the same time?
Perhaps a good precaution to take if you believe it may reduce a risk of the staff becoming infected. You should however consult with the staff first.
Can I lay people off work or reduce their hours if my revenue becomes affected?
Dependent on if you have stipulated this already in your employee contracts. A well worded disaster recovery plan may give you this right.
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