Coronavirus raises significant challenges for employees and their families.
The Employment Department at Oakwood Solicitors Ltd understands the uncertainty that employees are currently facing in light of this worldwide pandemic.
Following an increased spike of calls and emails that we have been receiving regarding employee rights, we have decided to put together some of the most frequently questions asked and answers to provide some clarity and reassurance to employees in the midst of this crisis.
Q1. Are employees entitled to sick pay if they are off sick with Coronavirus?
Yes, they are. Employees who have Coronavirus will be entitled to sick pay as they would with any other sickness absence. The level of sick pay that is offered will be as set out in your contract of employment, whether that be Statutory Sick Pay or Company Sick Pay.
If your Employer does not offer Company Sick Pay, you will be entitled to Statutory Sick Pay provided that you meet the eligibility requirements as set out by the government which you can check out here.
A sick note/isolation note is not required for the first seven days of sickness.
If you are displaying symptoms of Coronavirus and feel that you need to isolate, you can go to this part of the NHS website to obtain an isolation note.
Q2. If I self-isolate because of Coronavirus will I be entitled to sick pay?
If you have been advised to self-isolate by 111 or other medical professionals then you will be entitled Statutory Sick Pay (if eligible) from day one of self-isolation.
If you are displaying symptoms of Coronavirus and feel that you need to isolate, you can go to this page of the NHS website to obtain an isolation note.
Please note that an employer’s obligation to pay sick pay for self-isolating employees is usually limited to Statutory Sick Pay only however, ACAS does recommend that employers should offer Company Sick Pay for self-isolation.
If you have chosen to self-isolate as a precautionary measure but are not displaying symptoms of the virus and have not obtained advice to self-isolate by 111 or other medical professionals, you will not be automatically entitled to sick pay of any kind. In these circumstances, you should:
- a) Seek medical advice in relation to self-isolation and obtain an isolation note (see above).
- b) Look into alternatives to attending your place of work such as working from home, taking annual leave or unpaid leave.
Q3. What to do if you display symptoms of Coronavirus at work?
You should first inform your employer, who may offer for you to go to a quiet and private room and call 111 (using your own mobile phone to minimise the spread of the virus). You should then seek guidance on whether you should self-isolate or not from 111. If you do need to self-isolate, any pay-related queries should be addressed with your employer.
Please note that if your employer sends you home (without being advised to do so by 111 or your GP), this would be a suspension from work on medical grounds – assuming that you believe that you are fit to work and self-isolation is not necessary. This is called medical suspension and you would be entitled to receive full pay.
The government has now advised that pregnant employees, employees over the age of 70 and those with underlying health problems should self-isolate as they are ‘high risk’.
Q4. What can my employer do if there is a reduction in work due to the ‘lockdown’?
Annual leave
Employers may require you to take annual leave during specific periods (subject to your contract of employment), provided that they give you double the amount of notice of the time period you are being asked to take.
For example, if your employer would like you to take a week’s annual leave, then your employer would need to give you two weeks’ notice in advance of this.
Lay-off or Short-time working
Your contract of employment may allow your employer to lay you off or apply short time working options. Whilst nearly all employers are likely to furlough employees rather than lay them off. However, if you are laid off (maybe because you are not eligible to be furloughed) you will be entitled to guaranteed pay (which is £29 per day) for five days. If your contract of employment does not permit your employer to lay you off, then you will need to agree to this.
Furlough leave
A more recent option that has been introduced is to place employees on ‘Furlough Leave’ under the Coronavirus Job Retention scheme. This is applicable to all business and means that your employer will pay you 80% of your gross wages (capped at £2,500 per month). You will not be required to do any work under this scheme, and you cannot undertake any other paid work.
However, you can undertake training during the time you are on furlough leave or do voluntary work. The 80% does not include salary for commission or bonuses. It is believed that you will still accrue annual leave whilst on Furlough Leave, although there is no guidance on this point yet.
Employees will remain employed whilst furloughed. The government has suggested this scheme could run for the next three months and be backdated from 1 March 2020, meaning that if you have been made redundant or laid off you may be retrospectively changed to Furlough leave if you and your employer agree.
Q.5 Do Employers need to offer home-working?
On the 23 March 2020, the government announced that employees should only be travelling to work if it is absolutely necessary. Employers should be offering home working where possible however, if homeworking is not possible, you will be required to go into work as normal.
If you are required to come into work as normal you should be provided with a safe and clean work environment and the government’s advice regarding social distancing should be followed.
Government guidance in relation to staying at home can be found here.
Q6. Can my employers stop me from going on holiday?
Technically speaking, your employer can cancel your annual leave (even if pre-booked) as long as they give double the amount of notice as you have asked for time off. For example, if an employee has asked to take one week’s annual leave, the employer should give two week’s advance notice to cancel that period of annual leave.
If your employer cancels your annual leave this may amount to a breach of trust and confidence and/or potentially, may make them vulnerable to a discrimination claim and/ or constructive unfair dismissal claim.
Q7. School closures and employee child-care queries
On the 20 March 2020, schools around the United Kingdom closed. For employees who have children, the government recognises that this situation is not ideal but believe it is necessary to contain the spread of the virus.
Your employer should also be mindful of the effect school closures will have on you and your ability to work. Where possible, employers should aim to offer their employees with flexibility when it comes to working. You may need to ask your employer to consider modifying your working hours, allowing home-working or allowing you to use annual leave.
You may also consider parental leave as a solution to childcare. Employers should clearly set out the provisions relating to parental leave within the Company Staff Handbook. The legal position is that parental leave is unpaid (subject to the terms and conditions of your contract of employment).
Employees are able to take eighteen weeks of parental leave for each of their children who are under the age of eighteen. Parental leave entitlement is limited to four weeks of parental leave in each year for each child.
Employees must usually provide their employer with twenty-one days’ notice in order to take parental leave. Employers are not able to refuse parental leave as it is a statutory right however, they may delay parental leave if there is a justified business reason for doing so.
The law protects you from your employer subjecting you to a detriment of having taken parental leave. In light of the outbreak of Coronavirus, your employer may consider abandoning the twenty-one-day notice requirement. Key employees (a list of which has been published by the government here) will still be able to access childcare provisions.
We hope that the above Q&A has answered some of your queries. If we have not answered all of your queries, please do not hesitate to contact Oakwood Solicitors Ltd on 0113 200 9787, or by email at enquiries@oakwoodsolicitors.co.uk for further advice.
Coronavirus raises significant challenges for employees and their families.
The Employment Department at Oakwood Solicitors Ltd understands the uncertainty that employees are currently facing in ligh…
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