Employment and HR Issues

Below are some common questions we have received from clients concerned about the impact of COVID-19. If you have a question that has not been answered below, please submit your question here, and we will respond to your query directly.

Question: Can we require staff to work?

Answer: The government guidance is clear: where possible, staff should work from home. If this is not possible (and assuming an employer’s place of business has not been ordered to close (such as pubs and restaurants)), staff can be required to work. In such situations, it is important that employers consider all reasonable steps to ensure that social distancing rules in the workplace are complied with and generally to reduce risk to staff. For example, employers could consider changing an employee’s working hours so that they do not travel at peak times, providing them with appropriate protective equipment and limiting interaction with others (such as limiting the number of customers/contacts who enter the workplace).

Question: What happens if an employee cannot work from home but refuses to attend the workplace due to fear of contracting coronavirus?

Answer: An employer should consult with the employee to understand why he/she is concerned about attending work and consider whether it is appropriate to withhold pay and/or take disciplinary action. This will be fact dependant and it will be important to take advice to ensure that no actions of the employer amount to discrimination or gives rise to an automatic unfair dismissal on the grounds of health of safety.

Question: Should we pay sick pay to those who are self-isolating or shielding in accordance with government lines?

Answer: Statutory sick pay rules have been updated so that employees who are sick as well as those who are isolating because they live with someone who is experiencing symptoms and those who are required to “shield” for 12 weeks in accordance with medical guidance are eligible for statutory sick pay.

Question: What special consideration apply where an employee is pregnant?

Answer: As a matter of course, employers have additional duties to protect the health and safety of new and expectant mothers. For example, this requires employers to carry out workplace risk assessments and alter working conditions or hours to avoid significant risk. Pregnant women have been “strongly advised” to socially isolate, avoid travelling on public transport and work from home where possible. Where the nature of the employee’s role means that they cannot work from home and there is no suitable work available which they could temporarily do from home, employers should consider suspending the employee on full pay in accordance with health and safety regulations.

Question: Are there health and safety issues to consider with staff working from home?

Answer: Yes, employers are still responsible for their employees’ welfare, health and safety whilst working from home. Employers should conduct a suitable risk assessment of activities carried on by employees at home to identify risks and communicate with them about how to work from home safely (e.g. reminding them how to set up their home working space). In addition, most employers will find it useful to introduce home working policies so that staff know what is expected of them.

Question: Our business is needing to reduce its salary spend, what options are available?

Answer: The government has recently introduced the Coronavirus Job Retention Scheme which allows employers to “furlough” staff (i.e. put them on leave of absence) and claim for 80% of salary costs (and the associated pension and employer’s national insurance contributions) up to a cap of £2,500.

Other options include:

• Consulting with employees (and trade unions or other employee representative bodies) to try and agree a temporary reduction in pay.
• Considering temporary lay-offs or reducing employees’ working hours. Employers will need to consider whether they have the contractual right to do this under their employment contracts, or seek employee consent.
• Considering whether to require employees to take annual leave now (at a time where there is little/no work to do).
• Considering whether there are contractors or other workers (who do not have unfair dismissal protection) whose contracts could be terminated.
• Making redundancies – although it is important to follow correct redundancy procedures to minimise the risk of claims.

Commercial Concerns

The effects of the COVID-19 pandemic are being felt across sectors and industries, with many businesses unaware of how to continue trading under evolving guidelines and regulations, and how changing legal requirements affect them. These are some of the frequently asked questions from our clients concerning their business and commercial matters and should you have additional queries, we welcome you to submit them to us.