Coronavirus raises significant challenges for business owners and their HR Managers.
The Employment Department at Oakwood Solicitors Ltd understands the uncertainty that employers are currently facing in light of this worldwide pandemic.
Following an increased spike of calls and emails that we have been receiving from our SME clients, we have decided to put together some the most frequent questions and answers to provide some clarity and reassurance to business owners in the midst of this crisis.
Q1. Are employees entitled to sick pay if they are of 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 ofered will be as set out in the employees contract of employment, whether that be Statutory Sick Pay or Company Sick Pay.
A sick note/isolation note is not required for the first seven days of sickness.
Q2. If employees self-isolate because of Coronavirus will they be entitled to sick pay?
Employees who have been advised to self-isolate by 111 or other medical professional will be entitled Statutory Sick Pay (if eligible) from day one of self-isolation.
The government has announced that employers with less than 250 employees can be reimbursed for the first fourteen days of Statutory Sick Pay that they will pay to employees in relation to Coronavirus.
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 ofer Company Sick Pay for self-isolation. Employers need to balance the risk of employees coming to work when they should isolate (as a result of financial worries) versus preventing the spread of Coronavirus within the work place.
- a) encourage employees to seek medical advice in relation to self-isolation and obtain an isolation note (see above).
Q3. What to do if an employee displays symptoms of Coronavirus at work?
Employers should try and ofer a private room or area for employees to call 111 (using their own mobile phone to minimise the spread of the virus) in this situation. Employers are advised to instruct their employees to seek guidance on whether they should self-isolate or not from 111. If employees do need to self-isolate, any pay related queries should be addressed above.
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 employers do following the announcement of government lockdown and/or if there is a downturn in business?
Annual leave
Employers can force their employees to take their annual leave during specific periods (subject to the terms and conditions of their contract of employment) provided that employers give double the amount of notice as the amount of annual leave they are asking employees to take. For example, if an employer is asking an employee to take two days holiday, the employer should give the employee four days advance notice of this request.
Furlough leave
A more recent option to consider is allowing your employees to go on Furlough Leave. Under the Coronavirus Job retention scheme, all UK businesses of all shapes and sizes can apply for a grant to be reimbursed for 80% of their employee’s wages (capped at £2,500.00 per month).
Employers may decide to make up the remaining 20% of the employee’s wage, as the government guidance suggests (although is it unclear) that this is optional, subject to the employee’s agreement to be furlough on that basis.
Employers should check their employees contracts of employment to consider if the contract provides for the employee to be laid-of from work. If there is a contractual right for the employer to lay-of employees, they may ofer Furlough leave as a much more lucrative alternative.
If it has been agreed that an employee is on Furlough Leave, the employee is unable to carry out work for the company whilst on this type of leave – although it remains unclear if workers can be furloughed on a part-time basis.
Employees that are laid-of on this basis will be designated as ‘furloughed workers’. Employers need to submit employees details through HMRC to obtain access to this new scheme. HMRC is currently setting up a system for reimbursement which they hope will be set up by April 2020.
This is a very recent measure which the government has implemented and therefore, ‘furloughed workers’ is not current a concept recognised by UK Employment Law.
The government is announcing financial support for businesses and employers should keep themselves regularly updated with the support available by regularly reviewing the government website here: https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-support-for-businesses
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.
If employers are asking employees to come into work like normal, employers should be providing a safe and clean environment for employees to work in.
Q6. Can employers stop employees going on holiday?
Technically speaking, employers can cancel an employees holiday (even if pre-booked) if the employer gives double the amount of notice as the employee has asked for time of. 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.
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.
Time of to look after a dependant such as a child, would be considered dependants leave which is generally unpaid however, your Company policy on dependants leave may provide for pay in these situations.
Due to the uncertainty in relation to the length of time schools will be closed for, employers should consider longer-term options to assist employees who need to look after a dependant such as modifying their working hours, allowing home-working or allowing employees to use annual leave in these situations.
Employees are able to take eighteen weeks parental leave for each of their children who are under the age of eighteen. This parental leave entitlement is limited to four weeks of parental leave in each year for each child. Employees must 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, employers may delay parental leave if there is a justified business reason for doing so.
Key employees (a list of which has been published by the government here:
https://www.gov.uk/government/publications/coronavirus-covid-19-maintaining-educational-provision/guidance-for-schools-colleges-and-local-authorities-on-maintaining-educational-provision) will 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 for further support and guidance.
Published: 20 March 2020.
Updated: 25 March 2020.
Further reading
Employment – Oakwood Solicitors
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