Coronavirus Guidance for Employers 

The current situation with Coronavirus COVID-19 is unprecedented. Both businesses and employees have been affected by advice on social distancing, and need to know their rights. The best outcome will be one that supports both employers and employees to survive 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 it's advice. If you need specific legal advice please get in touch. 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. 

The Coronavirus Job Retention Scheme, better known as Furlough Leave, was due to end on 31st October. It has now been extended until the end of April 2021. 

 

The Government will resume payments of 80% of employees' usual salary, up to £2,500 (previously this support had been reduced). Employers will not need to make contributions towards employees' wages for the hours they haven't worked, but will continue to pay National insurance and pension contributions for hours not worked.  

 

The scheme maintains the flexibility for employees to workpart time, paid as normal by their employer, while being furloughed for their remaining hours. There are no requirements on the number of hours to be worked, or the shift pattern worked.  

 

Employees do not need to have been placed on the scheme previously in order to make use of it now.  

Employers who force or allow staff (including agency workers) to come into the workplace when they should be self-isolating will face fines of between £1,000 and £10,000. Even where an employer is not forcing the employee to come to work, simply allowing them to come into the workplace is an offence, and it is therefore important that employers take proactive action. 

 

Employees legally must inform their employer when they are told to self-isolate, as soon as practicable and before they are next expected at the workplace. Employees who fail to do so could face a separate fine. 

 

This includes workers who have not themselves tested positive but who live with somebody who has. 

 

A £500 support grant is available for people on low income who lose income while self-isolating. To be eligible, workers must be unable to work from home and in receipt of Universal Credit, Working Tax Credit, income-based Employment and Support Allowance, income-based Jobseeker’s Allowance, Income Support, Housing Benefit and/or Pension Credit. The grant will be paid on top of Statutory Sick Pay or benefits. 

The government is now recommending that people should work from home where they can, but this decision is still between the employee and employer. People who cannot work from home are expected to travel to work. 

 

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.