Coronavirus – what steps do employers need to take?

UPDATE: With the UK moving to the 'delay' phase of its strategy, I've now written updated guidance for employers, which you can read here.

With the recent outbreak of a new strain of coronavirus (COVID-19) and the risk to the public in the UK being raised to 'moderate', employers need to be mindful of their duty to take reasonably necessary steps to maintain the health and safety of their workforce. The duty is not one way, as individuals also have a duty to take reasonable care of their own and their colleagues' health and safety.

Whilst there isn't a need to panic, there are some sensible steps that employers should be considering taking at this juncture to promote hygiene in the workplace, ensure that they are complying with their duties, and plan for the possibility that there is an escalation of coronavirus cases within the UK.

How employers can reduce the risk of coronavirus in the workplace

Employers should also keep the NHS and government guidance under review and assess the workplace risks regularly.

Coronavirus – arrangements for high risk individuals and returning travellers

There is still some uncertainty in this regard, however, it appears that pregnant women, older people, and those with pre-existing medical conditions (such as heart, respiratory or immune conditions and diabetes) are most at risk of contracting the coronavirus and/or of suffering substantial ill-effects from it.

Employers should keep under review whether the workplace presents a risk of coronavirus infection for individuals in the 'high risk' category and consider whether alternative arrangements can be made, i.e. for the member of staff to work remotely. In particular, employers have statutory obligations to pregnant members of staff and may have to consider offering temporary alternative work if the risk to them in their usual workplace is high.

Further consideration will also need to be given to members of staff who are travelling back from mainland China, Thailand, Japan, Republic of Korea, Hong Kong, Taiwan, Singapore, Malaysia or Macau. You may want to consider requiring these individuals to work from home where possible (on full pay) for 14 days, even if they are not experiencing any symptoms, in order to minimise the risk of the coronavirus spreading and maintain the health of safety of the workforce.

Coronavirus and sick pay

If a staff member is unfit for work due to experiencing coronavirus symptoms, their contract will set out their rights to sick pay. Where an individual has been requested to remain away from work and/or work from home by their employer, (for example in the event they have recently travelled back from China) they should receive their normal pay.

Discrimination and risk of claims

There is a risk that requesting members of staff who have recently travelled to higher risk territories may potentially be perceived as being indirectly discriminatory linked to race. Taking such action would almost certainly be justifiable as a proportionate means of achieving a legitimate aim, however it would be very sensible to approach decisions on a case by case basis and to document your reasoning in any particular case.

Employers should also be aware of the risk of discrimination claims, following news reports that some British Chinese people living in the UK have been subject to racial abuse in connection with the outbreak. Employers should be live to these concerns and deal with all alleged instances of discrimination in accordance with their disciplinary procedures.