KR HR & TRAINING NEWS ARCHIVE

On 3rd March 2020 I was invited to join BBC Wiltshire’s morning programme to discuss the work-related implications of coronavirus. In case you missed my radio debut(!), here’s a summary of some of the key points or if you’re listening online, skip to 13:24 and 35:22.

Firstly though, I must say that before taking part in the radio interview, I had already decided NOT to write an article about coronavirus – partly due to the wealth of information already available and also because whatever I write would likely be out of date very quickly!

This is a rapidly evolving situation – and already the rules around statutory sick pay have been amended the day after my interview. The key difference announced on 4th March 2020 is that people taking time off due to coronavirus will be eligible for statutory sick pay from day one, rather than day four, as the government attempt to contain the virus by reducing the financial penalty for individuals taking time off for self-isolation. Contrary to some reports, zero hours workers may be eligible for statutory sick pay if they have sufficient earnings. This still leaves a lack of support for the lowest paid workers who earn below the SSP threshold and the self-employed, which leads to a risk to wider workplace health and safety if these workers feel they have to work against medical advice to avoid losing pay.

During the radio interview, I was asked about the common questions I am receiving from employers, as well as answering queries from listeners relayed by the presenter Marie Lennon. Here are some of the common questions I’ve received from both clients and radio listeners (and parents on the school gate!):

1) TRAVEL POLICY
I’ve been working with local employers who regularly have staff working abroad on reviewing their travel policies and risk assessments, together with ensuring that their business travel insurance covers employees for emergency repatriation in the event of changing Foreign & Commonwealth Office advice.

2) SELF-ISOLATION
Self-isolation is an instruction to stay at home indoors as a preventative measure to reduce the risk of coronavirus spreading.

Whether employees should receive normal pay, sick pay, or no pay if self-isolating partly depends on the circumstances, their contracts and who is instructed them to self-isolate. There has been much contradictory guidance around this over the last week or so, with new legislation announced today to give more people the right to sick pay when self-isolating.

It’s important for employers to remember that they have a duty to provide a safe working environment for all their staff and contractors, as well as potentially for customers or the public depending on the nature of the business. Keeping people safe should be at the heart of all decision making on this issue. This means that many employers are adopting a risk-averse policy of instructing staff to self-isolate if they have been to both high risk and category 2 risk areas, even if they show no symptoms. Where an employer is instructing an employee to self-isolate, particularly where this is in excess of official advice, they would normally be entitled to pay (and can be asked to work from home if this is feasible) unless they are actually unwell, in which case they are entitled to sick pay. If an employee is not unwell whilst self-isolating, it would be reasonable to ask them to work from home if they are on full pay and this is feasible for their role.

If the employer doesn’t instruct a worker to self-isolate, but the worker has been given written instruction from Public Health England to self-isolate to prevent the spread of coronavirus (because they have been in a high risk area or been in contact with someone with coronavirus), they are entitled to statutory sick pay (SSP), and where the contract allows, enhanced sick pay. However an employer can choose to provide full pay (so long as they treat employees consistently) to avoid the risk of the employee suffering financial hardship whilst on SSP and potentially trying to return to work early.

If a worker chooses to self-isolate because they are worried about getting coronavirus but have not been instructed by a medical professional or their employer to self-isolate, then it is likely that this leave would be unpaid. However employers should listen to concerns from employees who may be feeling anxious and explain what they are doing to ensure the workplace is safe.

It is in the interests of the health, safety and wellbeing of employees to be as generous as possible in order to avoid the risk of employees coming into work to avoid loss of earnings. Even with the extension to SSP announced today, this is likely to be a significant reduction in earnings for many people. It’s also worth employers being flexible with regards provision of Fitness to Work certificates for extended absences relating to self-isolation (the written instruction to self-isolate from Public Health England should suffice) as well as ignoring any self-isolation periods when reviewing sickness absence trigger points.

3) WORKING FROM HOME
As part of business continuity planning, businesses should consider how home working can be facilitated more widely. Clearly this would not work for all roles, but a more flexible approach to remote working could help employers to keep operating if the outbreak significantly worsens in the UK.

Perhaps a legacy of responding to the coronavirus will be the increased use of technological solutions – both in terms of homeworking and also alternatives to business travel. Many of us will have experienced long journeys, sometimes across continents, to attend a short meeting. Now businesses may be more ready to grasp web-based alternatives which are more cost and time effective, as well as more ecologically friendly.

4) SCHOOL CLOSURES
As a working parent, the prospect of school closures is a worry and a hot topic in the playground. Employees have a right to take unpaid leave in the event of an emergency involving dependents, which could include looking after children when schools or nurseries are closed, or where a family member falls ill.

5) MEDICAL WORKERS
Some workers will naturally be more concerned than others depending on the nature of their role and exposure to risk. During the radio programme, one of the questions I was asked was about controlling risks for medical workers. The starting point would be a rigorous risk assessment which should be regularly reviewed as the situation develops. Communication with employees about how you are controlling the risks is vital, as well as access to sources of additional support, such as via an employee counselling service.

6) BUSINESS CLOSURES
Some clients have already expressed concerns about possible temporary workplace closures. This could be through fears of reduced business (such as a decline in bookings in the hospitality sector) or difficulty in obtaining supplies/parts from affected countries. How you handle this will depend on your employment contracts and whether you have provisions for layoffs on statutory guaranteed pay or short-time working. In any case, the best option is to consult with staff and come to agreements around voluntary options such as a combination of holidays, temporary reduction in hours or some unpaid leave. This should help you to achieve some flexibility and retain key staff.

FURTHER INFORMATION
You can hear a clip of the radio interview from 3rd March 2020 here (available for 28 days): BBC Wiltshire: Talking Coronavirus and Employment (skip to 13:24 and then 35:22 if you want to avoid the traffic reports!)

Thank you to Marie Lennon for inviting me to join the programme – it was certainly an unexpected start to my Tuesday morning but great to chat with you and your listeners – and for the production team for their support.

Remember this is a rapidly evolving situation so for a reliable source of the latest advice, I recommend the CIPD’s People Management coronavirus hub.  

Any questions? Contact Kathryn on kathryn@krhrconsultancy.co.uk or 01249 701486.