Coronavirus Guidance for Employers 

The current situation with Coronavirus COVID-19 is unprecedented. Both businesses and employees have been affected and need to know their rights. The best outcome will be one that supports both employers and employees through this difficult time.  

 

This page is only general guidance, not legal advice. Please be aware that the situation is changing rapidly as the government introduces new measures and updates advice. Many decisions will depend on your particular circumstances and employment contract, and so we would need to know more about your individual situation to give legal advice. 

During the early stages of the pandemic, changes to statutory sick pay made pay available from day one of absence, and for employees who were advised to self-isolate even if they were not ill. Businesses with less than 250 employees were also able to reclaim two weeks’ sick pay paid to eligible employees. 

 

From the 24th March 2022, these measures will no longer apply, and statutory sick pay will return to pre-pandemic conditions. Employees are only eligible for statutory sick pay from day 4 of their absence and employers will no longer be able to reclaim the costs of statutory sick pay when an employer is isolating.  

 

From 1st April 2022, Covid tests will no longer be available for free, so employers who wish to encourage testing will need to consider the cost implications.  

 

However, employers still need to be wary of their health and safety duties, and may wish to consider the risk to staff and clients of allowing employees to work with Covid. There may also be business implications, as the public are still largely uncomfortable with public-facing workers working with Covid.  

 

Get in touch for advice on sick leave and sick pay policies.  

The Health and Safety at Work Act 1974 imposes a legal duty on employers to ensure the health, safety and welfare of all employees at work, so far as reasonably practical. Employers must provide a safe work environment with adequate facilities and without risks to health. 

 

Employees may report breaches of safety guidelines to the local authority and the Health and Safety Executive. Employees who report concerns will be covered by Whistleblowing protection, and so cannot be penalised for reporting the failings. 

 

The Employment Rights Act 1996 provides that employees who reasonably believe they are at risk of serious or imminent danger at work can leave work and refuse to return while the danger persists. 

Refusing to work without a good reason is generally a disciplinary matter. However, if the employee does have reasonable cause to believe they face serious danger they would be protected by legislation and possibly whistleblowing protection. In these circumstances, an employee may be able to claim for unfair dismissal without needing the minimum period of service and may be eligible for increased compensation. This would be a risky path to take unless employers are entirely satisfied that they have taken every measure to reduce the risk to staff. 

Many businesses have found that working remotely or flexibly has been successful, and intend to continue in some way. If so, it is important that updated policies reflect these new working arrangements. 

 

Policies should explain whether remote and flexible options are open to every role, or by request. If by request, the policy should explain how organisations decide which grants to request - and be sure that the approach is not open to indirect discrimination.