Managing Coronavirus in the UK: A Guide for Employers

From staff stuck abroad due to a travel ban, to those refusing to work despite not seeking medical advice, Miranda Hughes outlines practice advice to employers to develop their Coronavirus response strategy.

What is Coronavirus?

Coronavirus or COVID-19 is a new illness that can affect a person’s lungs and airways. Symptoms of coronavirus are a cough, high temperature and shortness of breath but having these symptoms does not necessarily mean a person has the illness. Equally, not having these symptoms does not necessarily mean a person does not have the virus.

Globally, more than 40 countries have now been infected by the Coronavirus and the spread of Coronavirus to Europe has increased recently, especially in northern Italy.

• Cover mouth and nose with a tissue or sleeve (not hand) when coughing or sneezing
• Put used tissues in the bin immediately
• Wash hands with soap and water often and ideally hand sanitiser
• Avoid close contact with people who are unwell
• Do not touch eyes, nose or mouth if hands are not clean

If an employee is able to continue working whilst abroad, for example if they were on a business trip, then they should be paid as normal. It may also be reasonable to pay employees who cannot work but were abroad for business and employers may have a travel policy that sets this out. If an employee was on holiday but is now unable to return employers will need to take a view, unless they have a policy on this. Employers may choose to offer a one-off payment or ask the employee to take time as holiday or unpaid leave.

For employees who are displaying mild symptoms, have stopped displaying symptoms or have not displayed symptoms at all there is no statutory right to sick pay and, depending on the terms of your policy, no contractual right as they are not technically unfit for work. Both the Health Secretary and Acas advise that it would be good practice to treat this as sick leave and pay this accordingly, especially if it would prevent employees attending work and possibly spreading infection. Ultimately it will be left to the discretion of employers, especially as it remains unclear whether an employee would receive a fit note for self-isolation. An employer could therefore treat this as sickness absence or offer a further period of paid or unpaid leave.

Employers can always offer the option to work from home and be paid as normal.

An employee has recently returned from an infected area but wants to attend work?

Employers have a duty to take steps that are reasonably necessary to ensure the health, safety and welfare of all employees. Employers may wish to put in place a policy requiring all employees to disclose if they have been abroad and where or if they suspect they may have been in contact with an infected individual. The Government publishes useful information with regards to returning travellers on a daily basis and employers should conduct any risk assessment in light of this. Risk of infection for other employees, customers or service users will be higher for older people, pregnant women and those with pre-existing medical conditions so this should be taken into account. If an employer does ask an employee to self-isolate, they should be given the option to work from home if possible and otherwise should receive full pay for having effectively been ‘suspended’. 

An employee refuses to come in but has not sought medical advice or been told to self-isolate?

Current government advice for recent travellers coming from specified areas tells individuals to contact NHS 111 or in Scotland to contact their GP during normal surgery hours. For some countries this is where the individual develops symptoms and for others, such as Iran or specific lockdown areas in northern Italy, this should be done even if the individual does not have symptoms. What this ultimately means is that employees should, as a matter of course, be seeking medical advice. Employers should encourage employees to follow government advice as soon as possible to ensure they are doing the right thing.  If an employee refuses to do so but still does not attend work, this could result in disciplinary action.

An employee in the office has symptoms or somebody has tested positive for the virus?

If someone becomes unwell in the workplace and has not been to infected areas in the last 14 days, Public Health England’s advice is to proceed as normal. If they have been to an affected area, they should be moved to an area which is at least 2 meters away from other people and contact NHS 111 or 999 as required. Ideally they should be placed in a separate room and a window should be opened for ventilation whilst they wait for advice or medical assistance.

Some UK employers have taken a more proactive stance on coronavirus. US oil company Chevron reportedly closed its London office in the Canary Wharf area after two workers had displayed symptoms. Two other businesses that share the building also asked staff to stay away. However Public Health England does not recommend closing the workplace, even if there is a confirmed case of coronavirus. That being said, it is ultimately up to employers to make their own decisions on health and safety risks to ensure that they deliver the duty of care they owe to employees and others.

An employee refuses to attend work for fear of infection?

If an employee refuses to attend work due to fear of infection employers will likely want to take a common sense approach depending on the likelihood of infection and whether they are a high risk individual. Depending on the circumstances, employers may offer the employee to work from home or to take the time off as annual leave. However, if they are a low risk individual and there is no established risk of infection in the workplace, this may become a disciplinary issue if the employee still refuses to attend. 

Would you like further advice?