Coronavirus (2019-nCoV) Policy/Advice for Employers

Updated 19th March

We wanted to share with our clients the recent guidance issued by our Health & Safety Specialists Stallard Kane and the changes to government guidance. This includes advice in relation to pay and flexible working. We have also included useful links at the bottom of this article which you may find useful to share with employees.

What is Coronavirus?

Coronavirus is a type of virus. As a group, coronaviruses are common across the world. Typical symptoms of coronavirus include fever and a cough that may progress to a severe pneumonia causing shortness of breath and breathing difficulties. Generally, coronavirus can cause more severe symptoms in people with weakened immune systems, older people, and those with long-term conditions like diabetes, cancer and chronic lung disease. Novel coronavirus (COVID-19) is a new strain of coronavirus first identified in Wuhan City, China.

Symptoms of coronavirus

The symptoms of coronavirus are:

• A cough
• A high temperature
• Shortness of breath

NEW UPDATE – 18th March

• if you live alone and you have symptoms of coronavirus illness (COVID-19), however mild, stay at home for 7 days from when your symptoms started.
• if you live with others and you or one of them have symptoms of coronavirus, then all household members must stay at home and not leave the house for 14 days. The 14-day period starts from the day when the first person in the house became ill
• it is likely that people living within a household will infect each other or be infected already. Staying at home for 14 days will greatly reduce the overall amount of infection the household could pass on to others in the community
• for anyone in the household who starts displaying symptoms, they need to stay at home for 7 days from when the symptoms appeared, regardless of what day they are on in the original 14 day isolation period.
• if you can, move any vulnerable individuals (such as the elderly and those with underlying health conditions) out of your home, to stay with friends or family for the duration of the home isolation period
• if you cannot move vulnerable people out of your home, stay away from them as much as possible
• if you have coronavirus symptoms:
  • do not go to a GP surgery, pharmacy or hospital
  • you do not need to contact 111 to tell them you’re staying at home
  • testing for coronavirus is not needed if you’re staying at home
• plan ahead and ask others for help to ensure that you can successfully stay at home and consider what can be done for vulnerable people in the household
• ask your employer, friends and family to help you to get the things you need to stay at home
• wash your hands regularly for 20 seconds, each time using soap and water, or use hand sanitiser
• if you feel you cannot cope with your symptoms at home, or your condition gets worse, or your symptoms do not get better after 7 days, then use the NHS 111 online coronavirus service. If you do not have internet access, call NHS 111. For a medical emergency dial 999

You can access the full guidance for home isolation here

You can access the full government response here with lots of guidance documents for different types of businesses and organisations including education settings

The government have also advised the instigation of social distancing measures to reduce the transmission of coronavirus (COVID-19). This includes advice for those listed as vulnerable. You can find out more information on this link and read more about those listed as vulnerable below.

How coronavirus is spread

Because it’s a new illness, we do not know exactly how coronavirus spreads from person to person. Similar viruses are spread in cough droplets or actual contact such as shaking hands or kissing. It’s very unlikely it can be spread through things like packages or food.

How to avoid catching or spreading coronavirus

Do

• Wash your hands with soap and water often – do this for at least 20 seconds
• Always wash your hands when you get home or into work
• Use hand sanitiser gel if soap and water are not available
• Cover your mouth and nose with a tissue or your sleeve (not your hands) when you cough or sneeze
• Put used tissues in the bin straight away and wash your hands afterwards
• Try to avoid close contact with people who are unwell

Don’t

• Do not touch your eyes, nose or mouth if your hands are not clean

Informing employees and reducing the risk

Organisations have a duty of care to all employees and therefore it is important to have certain procedures in place. Organisations can raise the awareness of the coronavirus by:

• Businesses and workplaces should encourage their employees to work at home, wherever possible
• Ensuring managers are aware of the symptoms to look out for, for those who have to remain in the workplace
• Increasing hygiene standards, i.e. introducing further hand sanitizers etc near all employee entrances
• Frequently clean and disinfect objects and surfaces that are touched regularly, using your standard cleaning products
• Reducing all but essential travel
• Should any employee have any concerns about travel and self-isolating, the organisation should speak to them about their concerns.
• Employees from defined vulnerable groups should be strongly advised and supported to stay at home and work from there if possible
• Make sure everyone’s contact numbers and emergency contact details are up-to-date

People advised to take extra caution

The government have listed the following groups of people as vulnerable groups and are advising they follow government guidance for social distancing. You can find out more on this link. Any employee that falls into these categories should be strongly advised and supported to stay at home and work from there if possible. These groups include but are not limited to:

• aged 70 or older (regardless of medical conditions)
• under 70 with an underlying health condition listed below (ie anyone instructed to get a flu jab as an adult each year on medical grounds):
  • chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease (COPD), emphysema or bronchitis
  • chronic heart disease, such as heart failure
  • chronic kidney disease
  • chronic liver disease, such as hepatitis
  • chronic neurological conditions, such as Parkinson’s disease, motor neurone disease, multiple sclerosis (MS), a learning disability or cerebral palsy
  • diabetes
  • problems with your spleen – for example, sickle cell disease or if you have had your spleen removed
  • a weakened immune system as the result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy
  • being seriously overweight (a body mass index (BMI) of 40 or above)
• those who are pregnant

Check if you need medical help

NHS 111 has an online coronavirus service that can tell you if you need medical help and advise you what to do. Use this service if:

• You feel you cannot cope with your symptoms at home
• Your condition gets worse
• Your symptoms do not get better after 7 days

You can access this here

Coronavirus Advice for Travellers

If you are travelling abroad or returning to the UK, please access the government’s guidelines

What to do if an member of staff or a member of the public with suspected or confirmed COVID-19 has recently been in the workplace.

If anyone becomes unwell with a new, continuous cough or a high temperature in the business or workplace they should be sent home and advised to follow the stay at home guidance.

If they need clinical advice, they should go online to NHS 111 or call 111 if they don’t have internet access. In an emergency, call 999 if they are seriously ill or injured or their life is at risk. Do not visit the GP, pharmacy, urgent care centre or a hospital.

If a member of staff has helped someone who was taken unwell with a new, continuous cough or a high temperature, they do not need to go home unless they develop symptoms themselves. They should wash their hands thoroughly for 20 seconds after any contact with someone who is unwell with symptoms consistent with coronavirus infection.

It is not necessary to close the business or workplace or send any staff home, unless government policy changes. Keep monitoring the government response page for the latest details.

Please refer to the government’s guidance for employers and businesses.

Sickness and Pay

Any employee absence caused by the Coronavirus should be dealt with in the same way as any normal absence. If an employee is advised to self-isolate for a two-week period, organisations could consider home working for that period. Should this not be possible, the employee will be treated as sick and the normal sick pay will apply, either SSP or contractual sick pay. Statutory Sick Pay will apply from day one. Sick pay should apply to any employee if:

• they have coronavirus
• they have coronavirus symptoms, for example a high temperature or new continuous cough
• someone in their household has coronavirus symptoms
• they’ve been told to self-isolate by a doctor or NHS 111

If an employee cannot work, they should still tell their employer:

• as soon as possible
• the reason
• how long they’re likely to be off for

Anyone not eligible to receive sick pay, including those earning less than an average of £118 per week, some of those working in the gig economy, or self-employed people, is able to claim Universal Credit and or contributory Employment and Support Allowance.

Employees can self-certify for 7 calendar days. After 7 days, it is for the employer to use their discretion in terms of what evidence they require and follow government guidelines.

If an employee attends work and the organisation feel that employee may not be fit to be at work, the organisation can place the individual on medical suspension and ask that they seek medical advice. Medical suspension would be on full pay for a period of time until the employee has been able to seek medical advice. If they are subsequently signed off sick, then the normal sick pay provisions would apply.

Should an employee not attend work due to concerns surrounding the coronavirus, the organisation should try and contact the individual and talk through these concerns. If it is deemed that there is no well held concerns about attending the workplace (taking into account government guidance), the organisation could agree to unpaid time off or the absence could be considered an unauthorised absence.

If your organisation has a discretionary sick pay scheme and pays more than SSP you may be considering the long-term impact. In any particular case you must exercise discretion fairly and reasonably. You must not discriminate any individual because of their disability. You also need to consider that you can only lawfully change this scheme (including on a temporary basis) with employees’ agreement, or in line with any contractual flexibility clause. Any failure to make payments in line with the normal terms would amount to a breach of contract and could lead to claims. If you are thinking of altering your sick pay scheme, please speak to your HR Consultant before taking any action.

Useful Links

Latest government information

What is self-isolation

Government Guidance for businesses and employers

HSE Toolbox to protect home workers