The spread of Coronavirus (2019-nCoV) is a much discussed topic at the moment, especially in light of the quarantined hotel in Tenerife and the postponement of the Ireland v Italy Six Nations match.
As the spread of the virus creeps closer to home, employers may be questioning what Coronavirus means for them.
Briony McDermott, solicitor in the employment law team at wake Smith Solicitors, looks at the implications of the virus for employers and staff.
Briony said: “Coronavirus is described by the NHS as a ‘new illness that can affect your lungs and airways’.
“As there have now been 13 confirmed cases within the UK, employers might now be considering how to deal with the threat of the virus.
“The most vulnerable employees will be those who have weaker immune systems, older employees, or those with conditions such as diabetes or cancer. Employers should consider the health and safety of these employees whilst considering implementing a policy on infectious diseases.”
In addition, employers have a duty to consider the health and safety of pregnant employees.
Briony added: “Employers may consider making alternative arrangements for pregnant employees to allow them to carry out work in another location, or whatever the employer sees fit to protect the health and safety of the employee.”
The Government has been regularly publishing advice regarding what to do if any individual has travelled back from China, South Korea, Thailand and other countries.
Briony added: “Employers can consider mirroring the guidance that the government has issued.
“The current guidance suggests isolation for a period of 14 days if an individual has recently returned from an affected area, however it should be noted that if no policy is in place with alternative provisions, if an employer is in effect medically suspending an employee from the workplace then any suspension should be on full pay.
“If an employee is caught in a quarantined area and is unable to return to work, in the absence of a relevant policy the employer should try and discuss with the employee how the absence will be treated. If employees have been unable to return from holiday, the employer could choose to pay them (on a one-off discretionary basis), or ask them to take the time as annual leave or unpaid leave. Alternatively, they could self-certify as being unfit for work for a period of up to 7 days.”
Employers can also consider creating a contingency plan in case the situation worsens.
Briony said: “This will ensure that businesses can continue running smoothly with minimal disruption. For example, a business might consider how an employee at risk could work from home or cover for job roles in an employee’s absence. In addition, an employer could determine how they would deal with an employee who may be showing symptoms of the virus.
“Another consideration is whether now is the right time to implement an infectious diseases policy which would cover Coronavirus. This policy would help clarify the expectations in the event that an employee is infected, and set out measures to help the employer to minimise the spread of the disease between employees. Employers must always be mindful of the health and safety of their employees in the workplace, as they have a duty to protect employees as far as possible.”
If any of an employer’s business takes place in China, it may be wise to limit any business trips to affected areas.
Briony said: “The UK government has now advised against any travel to the Hubei Province, and advises against any travel that is not necessary to the remainder of mainland China. Employers can attempt to work around this by arranging video or telephone calls as opposed to face to face meetings in China.
“Although currently the risk to individuals in the UK is low, it is important for employers to continue to check the guidance issued by the Department of Health on a regular basis. If employers need to close their workplace, then this should be outlined in any future guidance published.”
For further employment law advice contact Briony McDermott at [email protected]
