Coronavirus, Pay, Time Off & Closures
An update for HR teams, Employee Reps and Staff
Over the weekend we heard about a dental practice that is proposing closure to remove the risk of spreading the virus through dental practice. Staff would take unpaid time off.
In another situation we were told about cleaning and catering staff who work in the accommodation area at a boarding school advocating that they should not have to go to work if the accommodation area or pupils were self-isolating or in a lockdown situation
We see both as very worrying developments. It is imperative that all is done to slow the spread of the virus and simultaneously find a vaccine/cure but all solutions need to be pragmatic the above are not; if taken to extremes both lead to the collapse of society.
Taken to extremes both these approaches would lead to everything closing. No food, no electricity, no water, no Governance, no Police, no hospitals just anarchy
Such anarchy cannot be allowed to develop so it is important that everyone follows the Government advice. The current position, 03 March 2020 is that everyone should go about their business as usual albeit with greater attention given to washing hands.
There may be situations where short term closures, for example to clean in the event of infection, or cancellation of large gatherings.
If Employers want to close or staff are thinking about staying at home they should review the latest guidance from The Government and ACAS before any final decision is taken.
In very simple terms employers and employees alike have a duty to ensure staff, contractors and customers remain safe. Employers are contractually required to pay staff. Staff, in turn are contractually required to work.
All parties need to work together and consider practical pragmatic ways to reduce risks but closure without pay or refusing to work is not advised.
CURRENT STATUS - 03 March 2020
Matters relating to the Coronavirus remain in a state of flux; the following is Concrew Training’s understanding of the latest information relating to work and pay.
Health & Safety at Work
Employers and Employees alike are required to maintain a safe working environment.
Staff and contractors are required to comply with all reasonable management instructions including those that may relate to hygiene such as wearing protective clothing, washing hands the use of had wash etc. Failure to comply could lead to disciplinary action and/or dismissal.
Employers are required to ensure that the working environment is safe, failure to do so could lead to staff resignation, tribunals and/or industrial action. Additionally, if the loss or damage was reasonably foreseeable, the employee could bring a personal injury claim relying on the employer’s negligence. Similar duties are owed to contractors and others with whom the organisation conducts business.
All parties need to work together to establish a safe working environment.
Involving employee representatives is essential. (Concrew Training provides training to help Employee Reps be more effective in role or duty specific training)
Self-Isolation
Individuals who think they need to self-isolate should discuss this with their employers by telephone and explain the reasoning for this decision.
There is no statutory right to pay if you are not sick. However, The Government, confirmed in parliament on 03 March 2020 that self-isolation when directed by a medical service or an employer should be classed as sick leave.
This means that statutory sick pay and/or company sick pay should be paid to those who have been instructed to self-isolate.
It is recommended that employees obtain written permission from their employer to self-isolate together with confirmation of the pay situation. Employees need to ensure that they are not subject to disciplinary action for non-attendance at work.
Time off to look after Dependants
Employees who have dependants are entitled to time off if their dependant, eg child or elderly parent, is sick and needs their help. The same applies if the dependant needs to be isolated.
Where a school has closed reasonable time off to arrange child care is permitted.
Note 1: employees can only take reasonable time off and what is reasonable needs to agreed between the employee and the employer on a case by case basis
Note 2: There is no legal entitlement to pay for time off unless the Individual contracts of employment specifies one.
Staff not wishing to Work
Staff and Contractors will have signed contracts that stipulate when and where they must work. Refusing to attend work may lead to disciplinary action and or dismissal. Staff may be able to appeal the decision or escalate to tribunal but this will take time and unless there is clear evidence of direct risk to personal safety, harassment or inequalities such appeals are unlikely to be successful.
Refusing to work may also have repercussions in terms of benefits claims and future employment prospects.
Contracting Coronavirus
If you contract the virus then normal sick pay rules apply.
Ensure you notify your employer as soon as possible either personally or through a friend/family member.
Closures and Paying Staff
The Governments position is that, currently, there is no general need for businesses to close. In the event of contamination short term closure for deep cleaning may be needed. The use of specialists with protective clothing is recommended.
Staff should be paid during the closure. Closing the business and not paying staff is likely to breach their terms and conditions of employment; unless it is specifically allowed for within them.
Short term working or layoff may be possible but longer term closures may require redundancies. In both situations strict rules apply and employers, staff representatives and staff alike all need to understand these fully.
Short term working may lead to pro-rata reductions in employee pay. Redundancies may necessitate redundancy pay, and lead to unemployment/universal credit type claims for employees.
Sick Pay and other Income Sources.
Statutory sick pay, maximum £94.25/week, is paid after you have been off work for 4, including non-working, days in a row. It can be paid for up to 28 weeks.
Note 1: There are a number of exceptions most relating to the self-employed, low paid, employment and support allowance, armed forces, prison, maternity leave or have had 28 weeks SSP in the last 8 weeks
Note 2: Different statutory sick pay rules may apply if you were employed in the Agricultural sector before 01 October 2013.
Company sick pay typically makes up the difference between statutory sick pay and your normal wage. However company sick pay entitlement varies from company to company and you will need to check your contract to find out when it is paid from, at what rate and for how long.
Additionally: If you are prevented from working because of a risk to public health, or suffer a reduced income due to illness then you may be able to claim for universal credit. The extent to which you are eligible for benefits will depend on the exact situation, total household income and savings.
A fall-back position may be to take paid holiday, if the employees’ entitlement allows it.
Zero Hours Contracts, Low Pay and Sick Pay.
Despite a number of challenges in Parliament today, 03 March 2020, regarding Sick Pay in respect of Zero Hours contracts, low pay and self-employment, The Governments position remains that the UK has a robust health and benefits system.
Those earning an average of £118/week or more in the last 8 weeks are entitled to Statutory Sick Pay through their employer or agency.
For those on low pay, any reduction in usual income should be reported to the benefits agency.
The self-employed whose income falls significantly may be able to claim universal credit.
The HMRC enquiry line or Citizens Advice are available for those needing individual guidance.
#Training and Support for #HR teams and Employee Reps
Concrew Training’s courses include guidance and support for HR teams and/or #EmployeeReps on good practice, #legislation, polices and procedures in respect of employment law, #redundancies, short time working and support for
Over the weekend we heard about a dental practice that is proposing closure to remove the risk of spreading the virus through dental practice. Staff would take unpaid time off.
In another situation we were told about cleaning and catering staff who work in the accommodation area at a boarding school advocating that they should not have to go to work if the accommodation area or pupils were self-isolating or in a lockdown situation
We see both as very worrying developments. It is imperative that all is done to slow the spread of the virus and simultaneously find a vaccine/cure but all solutions need to be pragmatic the above are not; if taken to extremes both lead to the collapse of society.
Taken to extremes both these approaches would lead to everything closing. No food, no electricity, no water, no Governance, no Police, no hospitals just anarchy
Such anarchy cannot be allowed to develop so it is important that everyone follows the Government advice. The current position, 03 March 2020 is that everyone should go about their business as usual albeit with greater attention given to washing hands.
There may be situations where short term closures, for example to clean in the event of infection, or cancellation of large gatherings.
If Employers want to close or staff are thinking about staying at home they should review the latest guidance from The Government and ACAS before any final decision is taken.
In very simple terms employers and employees alike have a duty to ensure staff, contractors and customers remain safe. Employers are contractually required to pay staff. Staff, in turn are contractually required to work.
All parties need to work together and consider practical pragmatic ways to reduce risks but closure without pay or refusing to work is not advised.
CURRENT STATUS - 03 March 2020
Matters relating to the Coronavirus remain in a state of flux; the following is Concrew Training’s understanding of the latest information relating to work and pay.
Health & Safety at Work
Employers and Employees alike are required to maintain a safe working environment.
Staff and contractors are required to comply with all reasonable management instructions including those that may relate to hygiene such as wearing protective clothing, washing hands the use of had wash etc. Failure to comply could lead to disciplinary action and/or dismissal.
Employers are required to ensure that the working environment is safe, failure to do so could lead to staff resignation, tribunals and/or industrial action. Additionally, if the loss or damage was reasonably foreseeable, the employee could bring a personal injury claim relying on the employer’s negligence. Similar duties are owed to contractors and others with whom the organisation conducts business.
All parties need to work together to establish a safe working environment.
Involving employee representatives is essential. (Concrew Training provides training to help Employee Reps be more effective in role or duty specific training)
Self-Isolation
Individuals who think they need to self-isolate should discuss this with their employers by telephone and explain the reasoning for this decision.
There is no statutory right to pay if you are not sick. However, The Government, confirmed in parliament on 03 March 2020 that self-isolation when directed by a medical service or an employer should be classed as sick leave.
This means that statutory sick pay and/or company sick pay should be paid to those who have been instructed to self-isolate.
It is recommended that employees obtain written permission from their employer to self-isolate together with confirmation of the pay situation. Employees need to ensure that they are not subject to disciplinary action for non-attendance at work.
Time off to look after Dependants
Employees who have dependants are entitled to time off if their dependant, eg child or elderly parent, is sick and needs their help. The same applies if the dependant needs to be isolated.
Where a school has closed reasonable time off to arrange child care is permitted.
Note 1: employees can only take reasonable time off and what is reasonable needs to agreed between the employee and the employer on a case by case basis
Note 2: There is no legal entitlement to pay for time off unless the Individual contracts of employment specifies one.
Staff not wishing to Work
Staff and Contractors will have signed contracts that stipulate when and where they must work. Refusing to attend work may lead to disciplinary action and or dismissal. Staff may be able to appeal the decision or escalate to tribunal but this will take time and unless there is clear evidence of direct risk to personal safety, harassment or inequalities such appeals are unlikely to be successful.
Refusing to work may also have repercussions in terms of benefits claims and future employment prospects.
Contracting Coronavirus
If you contract the virus then normal sick pay rules apply.
Ensure you notify your employer as soon as possible either personally or through a friend/family member.
Closures and Paying Staff
The Governments position is that, currently, there is no general need for businesses to close. In the event of contamination short term closure for deep cleaning may be needed. The use of specialists with protective clothing is recommended.
Staff should be paid during the closure. Closing the business and not paying staff is likely to breach their terms and conditions of employment; unless it is specifically allowed for within them.
Short term working or layoff may be possible but longer term closures may require redundancies. In both situations strict rules apply and employers, staff representatives and staff alike all need to understand these fully.
Short term working may lead to pro-rata reductions in employee pay. Redundancies may necessitate redundancy pay, and lead to unemployment/universal credit type claims for employees.
Sick Pay and other Income Sources.
Statutory sick pay, maximum £94.25/week, is paid after you have been off work for 4, including non-working, days in a row. It can be paid for up to 28 weeks.
Note 1: There are a number of exceptions most relating to the self-employed, low paid, employment and support allowance, armed forces, prison, maternity leave or have had 28 weeks SSP in the last 8 weeks
Note 2: Different statutory sick pay rules may apply if you were employed in the Agricultural sector before 01 October 2013.
Company sick pay typically makes up the difference between statutory sick pay and your normal wage. However company sick pay entitlement varies from company to company and you will need to check your contract to find out when it is paid from, at what rate and for how long.
Additionally: If you are prevented from working because of a risk to public health, or suffer a reduced income due to illness then you may be able to claim for universal credit. The extent to which you are eligible for benefits will depend on the exact situation, total household income and savings.
A fall-back position may be to take paid holiday, if the employees’ entitlement allows it.
Zero Hours Contracts, Low Pay and Sick Pay.
Despite a number of challenges in Parliament today, 03 March 2020, regarding Sick Pay in respect of Zero Hours contracts, low pay and self-employment, The Governments position remains that the UK has a robust health and benefits system.
Those earning an average of £118/week or more in the last 8 weeks are entitled to Statutory Sick Pay through their employer or agency.
For those on low pay, any reduction in usual income should be reported to the benefits agency.
The self-employed whose income falls significantly may be able to claim universal credit.
The HMRC enquiry line or Citizens Advice are available for those needing individual guidance.
#Training and Support for #HR teams and Employee Reps
Concrew Training’s courses include guidance and support for HR teams and/or #EmployeeReps on good practice, #legislation, polices and procedures in respect of employment law, #redundancies, short time working and support for
Comments
Post a Comment