The government announced yesterday afternoon (16th March 2020) the following set of measures to combat the spread of the Coronavirus. These new measures are likely to have an impact on the way employers manage their staff and how they work over the next few weeks and or even months.
The measures as outlined by Boris Johnson yesterday were:
1. To avoid unnecessary social contact
What does this mean?
Going to work is obviously going to result in contact with others, whether that is customers, or colleagues etc. This new guidance from the government will make employers and in some cases employees focus on what is essential and non-essential when it comes to contact. Many employees undertake work which means that they come into contact with others which cannot be avoided.
Where employees need to be at work employers need to look at ways of minimising contact with others. For example, is there a need for meetings to take place in person or can it be done on a conference call or Skype? Risk assessments should be carried out where possible and events such as staff at training and conferences, or other similar activities also need to be assessed on a case by case basis. Practically speaking, employers need to also look at practical solutions, if it is an open plan office what the employer can ensure that there is sufficient space between employees. If not, can employees be moved to other locations such as meeting rooms or individual offices?
Other steps that some employers are taking include ensuring that there is at least one spare desk or workstation between employees to ensure that the recommended space of 1m between people to reduce the risk of cross infection.
2. People should start working from home "where possible"
This is what was said yesterday and so it is recommended government advice. However, can an employee be forced to work from home?
If the employee has a mobility clause within their employment contract then they are able to work within a reasonable distance and any such request would be a reasonable and lawful request from the employer.
Employers will already be receiving enquiries from employees who will want to work from home for the time that this government advice is relevant.
If the employer has capacity and the facility to be able to do this then, to prevent the spread, this should be done where possible. However, not all employers will have the systems in place to enable this to happen and so they will need to assess this on a case by case basis.
However, in light of the advice and expectation of employees arising from yesterday’s announcement, employers should be clear about what it can and cannot do and what it is doing. It is essential to ensure that communication is clear and regular across the workforce to avoid panic and the employees feeling uneasy.
There are of course significant practical issues that this raises such as availability of laptops, printers, paper, internet, sever capabilities and so on. There will also be issues around risk assessments and data security, as well as how employees keep in contact to ensure the mental health and wellbeing of employees is maintained and they are taking adequate breaks throughout the day.
3. If one person in any household has a persistent cough or fever, everyone living there must stay at home for 14 days
I had as client call me yesterday about this before the guidance was given.
This new advice from the government is that even if an individual does not have the symptoms (cough or temperature) but lives with someone who does, then they must self-isolate for 14-days.
There has been no guidance issued on whether the employee would be entitled to SSP. My view is perhaps not. The employee is not unwell so SSP rules will not apply. Our view is that in this situation there will be no right to SSP unless they are told to self-isolate by a doctor or NHS 111, which going by the announcement yesterday, then this advice may be given to the employee.
However, if the employee can work from home, then this option needs to be considered
4. By next weekend, those with the most serious health conditions or are at risk groups must be "largely shielded from social contact for around 12 weeks".
This is something that employers need be aware of as some employees will fall into these categories. Again, where possible, the employee should be able to work from home with the considerations as set out at point 2.
For help and advice please contact Emma-Louise Hewitt on 0808 166 8860 or email her on e.hewitt@sydneymitchell.co.uk
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