Category: covid-19, Employment Law, News, Top tips
With the ending of Covid restrictions in England, we’re still getting enquiries from clients asking about how best to manage Coronavirus related issues at work. Below are some of the typical questions we are getting, along with our advice:
Should I still follow the Covid guidelines in the workplace?
Covid 19 is still with us, it is highly recommended that workplace guidelines continue to be adhered to including:
· Hands – Face – Space.
· Encouraging everyone to get vaccinated.
· Ventilation – let fresh air into offices, workplaces, and meeting rooms.
· Consider wearing face coverings in communal areas.
· Anyone with Covid symptoms should get tested.
It should be remembered that the usual obligations employers have to protect their workers and visitors from health & safety risks, as far as is reasonably practicable, still applies.
Can I make Covid vaccinations mandatory?
As far as reasonably practicable, employers have a duty of care toward their employees and should take all reasonable steps to ensure the health and safety at work of their employees.
Encouraging employees to agree to a vaccination against Covid is likely to be a reasonable step to take to reduce the risk to employees’ health. However, vaccination against Covid requires the individual’s informed and voluntary consent and therefore an employer should not make vaccination a mandatory requirement.
Should employees on sickness absence due to Covid, take a lateral flow test before coming back to the workplace? If an employee has been absent due to Covid, government guidance indicates they should take a lateral flow test on day five and again on day six, if the employee has two consecutive days negative results they can go back to work.
Can I ask for proof that my staff have been vaccinated?
If an employer wants to collect data regarding their employees’ vaccination status, they must provide a legitimate business reason for requesting that information. The request for such data should be necessary and relevant for a specific purpose.
Information about an employee’s vaccination status is classed as special category data and should be treated accordingly for data protection purposes. This means employees would have to be told why the information is needed, who will have access to that data and how long it will be retained.
If an employee refuses to be vaccinated and subsequently takes sickness absence due to Covid, can I withhold sick pay?
Sickness absence due to Covid, should be treated the same as sickness absence for any other reason.
The usual company sickness absence and pay policy should be adhered to.
From 24th March 2022, SSP for Covid related illness is no longer payable from day one of absence, the usual rules apply with the first three days of absence being waiting days and SSP being available to eligible employees from day four.
Some of my team want to continue working from home rather than in the workplace, do I have to let them?
Adopting a hybrid working policy is completely at the discretion of the employer. If working from home has been positive for both the Company and the employee over the last two years, there is no reason why it should not continue. However, it is strongly recommended that any requests for changes to working patterns including hybrid/home working should be formally requested under the flexible working procedure and a variation of terms letter drawn up for the employee formally confirming the changes.
One of my employees has to take time off to care for her child who has Covid do I pay her SSP?
Employees who need to take time off to care for children or other dependants with Covid or any other illness should request to do so under the ‘Time off for dependants’ policy which states they may take reasonable unpaid time off work to care for dependants. They are not entitled to SSP as they are not sick themselves.
Some of my employees can work from home and some can’t how do we manage this situation fairly.
Eligible employees wishing to work from home should make a formal request under the flexible working policy. Their application must be acknowledged; however, the employer does not have to agree to the changes if those changes would have a detrimental effect on the business. Where applications will be refused, the employer should meet with the employee, explain the reasons for refusing their request and see if a compromise might be reached.
My employees are aggrieved that they are not being paid for the time they have been isolating at home due to Covid. Do I have to pay them?
Payment for sickness absence should be paid in line with the Company Sickness Absence and Pay policy. All support packages which were put in place by the government such as SSP from day one of absence have all ended as of 24 March 2022. Employers are not obliged to pay staff who are absent with Covid any differently to staff who are absent with any other sickness.
Employers, at their own discretion may encourage staff who are concerned about a loss of earnings due to sickness absence, to discuss the options of either taking holiday from their annual leave entitlement or working extra hours to make up for the time missed.
If you would like further support with Covid guidelines or have any other Covid related questions, please call the office on 01722 325833.
Tracey Osmond
HR Services Manager
01722 325833