Coronavirus (COVID-19)
Alan Kitto
What is the Coronavirus?
The World Health Organisation explains that coronaviruses (CoV) are a large family of viruses that cause illness ranging from the common cold to more severe diseases such as SARS (Severe Acute Respiratory Syndrome).
This particular episode has been named ‘COVID-19'. It first appeared in December 2019 in Wuhan, which is within the Hubei province, China. A seafood market has been identified as the possible source of the virus.
Cases in several countries have now emerged, with the majority of infections appearing in individuals who originate from, or who have travelled to, Wuhan. However, at least one infected individual had not recently been to China but is married to someone who had. This shows that the virus can be passed from person to person.
The risk of anyone who has not recently been to China picking up the infection is very low, unless someone they are close to has a confirmed case. The risk is even lower where good hygiene procedures are maintained. Obviously, risk of becoming infected will differ depending on personal circumstances but it is important to convey to employees the reality of the situation to keep concern proportionate to the risk.
What are the Symptoms of the Coronavirus?
Symptoms include fever, cough and shortness of breath. Some people will suffer from mild illness and recover easily whilst in other cases, infection can progress to pneumonia. Reports suggest that the elderly, those with weakened immune systems, diabetes, cancer and chronic lung disease are the most susceptible to serious illness and death.
Symptoms can appear in as few as two days after infection or as long as fourteen days. This means that, for individuals travelling back from affected areas, they may not even realise they have the disease until they have been back for two weeks.
How is the Virus Spread?
The virus is most likely to spread from person to person through:
Direct contact with a person while they are infectious;
Contact with droplets when an infected person coughs or sneezes; or
Touching objects or surfaces (such as drinking mugs or desks) that were contaminated by droplets from secretions coughed or sneezed from an infected person with a confirmed infection, and then touching your mouth or face.
Employer Duty of Care to Employees
Employers have a duty of care towards their employees which includes not exposing them to unnecessary risk. In this case, that may include not putting them in a position in which they could become infected by the virus without taking all reasonable precautions.
This duty of care, where Coronavirus is concerned, may differ depending on an employee’s specific circumstances, for example, if they are older or they have underlying conditions.
It’s important to remember that employees will be worried about the virus. In addition to having a duty of care to protect health and safety, employers also need to consider their wellbeing. Consider any wellbeing initiatives the company offers and remind employees of them, for example, an Employee Assistance Programme.
Business Travel
The Foreign and Commonwealth Office advises all UK nationals to leave China where possible. Employers should consider making plans to enable any of employees who are based in China for work to return to the UK.
The Foreign and Commonwealth Office also advises against all travel to the Hubei province which includes Wuhan and Xiangfan. It also advises against all but essential travel to the rest of mainland China and, in any case, some airlines have suspended flights to mainland China.
Employers should consider alternatives which may include postponing a business trip until the risk of infection no longer exists, or carrying out meetings via Skype or video conferencing, where possible.
Travel to other parts of the world where there have been cases of infection is not restricted. However, employees may be reluctant to go to any country where there have been cases of the virus. Whether or not employers take this as a valid reason not to travel is up to them but it is worth remembering that there have been confirmed cases in the UK and therefore travelling to another country where there have been cases arguably exposes the employee to no more risk than being in the UK.
If travel is deemed necessary then the employer should effectively, but proportionately, manage the risk, with controls identified and implemented according to the nature and severity of the risk. Controls should be identified through a travel risk assessment and travellers themselves should be involved in the process.
Work in China of the following types should be avoided:
Visiting animal and bird markets
Visiting places where live or dead animals are handled
Where contact with animals and their droppings is required
Personal Travel
Some employees may have plans to travel to China, or other infected areas on annual leave. Provided their flights etc have not been cancelled and no other airport restrictions apply meaning they can still travel, employers may have concerns over the risk the individual poses to picking up the virus and potentially passing it on in the workplace.
Ultimately, employers can’t restrict what their employees do in their spare time and whether they travel or not is their decision. Whilst employers can cancel annual leave that has already been requested and authorised, this may not be good for employee relations.
Employees Returning from Affected Areas
For travellers from Wuhan and Hubei Province, Government advice is currently:
Anyone returning from the Hubei Province in the last 14 days, or anyone returning from:
Iran
Specific lockdown areas of northern Italy (in Lombardy: Codogno, Castiglione d’Adda, Casalpusterlengo, Fombio, Maleo, Somaglia, Bertonico, Terranova dei Passerini, Castelgerundo and San Fiorano. In Veneto: Vo’ Euganeo)
Special care zones in South Korea (Daegu or Cheongdo)
since 19th February 2020 should call 111 and stay indoors and avoid contact with other people. This means that, even if no symptoms are present, affected individuals should stay away from work.
Travellers returning, since 19th February 2020, from:
Northern Italy (anywhere north of Pisa, Florence and Rimini)
Vietnam
Cambodia
Laos
Myanmar
who develop symptoms, however mild, should stay at home and avoid contact with other people. If no symptoms are present, they is no need to follow this advice.
Anyone returning, within the last fourteen days, from:
China
Thailand
Japan
Republic of Korea
Hong Kong
Taiwan
Singapore
Malaysia
Macau
who develops even minor symptoms of cough, fever or shortness of breath, should call 111, stay indoors and avoid contact with other people.
Those in Northern Ireland should call 0300 200 7885. Those in Scotland should call their GP or NHS 24 on 111 out of hours.
This advice is under constant review and is subject to change, in particular, the list of countries. You can keep up to date on developments here.
Employees Who Come in to Work with Coronavirus
If someone with coronavirus comes to work, the workplace does not necessarily have to close.
The local Public Health England (PHE) health protection team will get in contact with the employer to:
Discuss the case
Identify people who have been in contact with the affected person
Carry out a risk assessment
Advise on any actions or precautions to take
You can find your local PHE health protection team here.
Suspending Employees Who May Have Been Exposed
Where the employer has concerns about a non-symptomatic employee (particularly if it is known or suspected that the employee has had contact with someone known to have the virus) then the best advice might be to play it safe with a brief period of suspension on precautionary grounds.
Where the employer chooses to suspend returning employees just as a precaution, it will have to be on full pay unless the contract gives them a right to suspend without pay for this reason (which is unlikely).
The employer may also wish to explore alternatives, such as permitting the employee to work from home if possible.
Employees Who Self-Quarantine
There is no obligation to pay an employee who is not sick but cannot come to work because they have been told by a medical expert to self-isolate, or have had to go into quarantine. However, ACAS suggests that it is best practice to treat this period as sick leave and follow their usual sick pay policy, or offer the employee the option of taking paid annual leave because this helps reduce the risk that the employee feels compelled to attend work and by doing so, put other employees at risk of catching the virus.
Some employers may nevertheless choose not to pay employees in this situation. Whilst this is not unlawful, employers should be consistent in their approach if more than one employee is affected in order to avoid claims of less favourable treatment.
Employees Who Refuse to Come into Work Due to Concerns
If an employee is worried about catching the virus and so refuses to attend work, ACAS suggests listening to the employee’s concerns and offering reassurance. An employer's response to this will depend on the actual risk of catching the virus, will be different for every employer and will depend on specific circumstances including whether anyone in the workforce has already been diagnosed or there is another real risk of exposure. Employers may decide to offer a period of paid annual leave or unpaid leave, or allow the employee to work from home where this is feasible. Responses should be reasonable to the specific situation.
Discrimination, Bullying and Harassment
Coronavirus is not a reason to treat employees differently because of their national origin. Placing extra obligations on individuals (more robust hygiene methods, for example) just because they are from China places employers at risk of a claim of race discrimination. Extra hygiene measures, if implemented, should be required of all employees.
Employers should be alert to ‘banter’, or more serious instances of harassment, between employees about the virus which relates to someone’s nationality or ethnicity and ensure that their zero tolerance stance to harassment is maintained.
Closure of Business
Some employers may decide to put in place a plan to cover a situation where their business temporarily closes down due to exposure/potential exposure to the virus. Employees who are ready and willing to work but are not provided with work (as would be the case with a temporary closure) can be placed on lay off. Lay off must be with full pay unless there is a provision within the contract for lay off without pay (subject to the payment of statutory guarantee pay for employees with a least one month’s service at the time of lay off). If there is no contractual provision, employers can attempt to agree with employees a period of unpaid lay off.
Hygiene Measures
The World Health Organisation’s standard infection control measures are:
Frequently cleaning hands by using alcohol-based hand rub or soap and water
When coughing and sneezing cover mouth and nose with flexed elbow or tissue – throw tissue away immediately and wash your hands.
Avoid close contact with anyone who has fever and cough.
if you have fever, cough and difficulty breathing seek medical care early and share previous travel history with your health care provider.
If Someone Becomes Unwell at Work
If someone becomes unwell in the workplace and has recently come back from an area affected by coronavirus, they should:
Get at least 2 metres (7 feet) away from other people
Go to a room or area behind a closed door, such as a sick bay or staff office
Avoid touching anything
Cough or sneeze into a tissue and put it in a bin, or if they do not have tissues, cough and sneeze into the crook of their elbow
Use a separate bathroom from others, if possible
The unwell person should use their own mobile phone to call either:
for NHS advice: 111 (0845 4647 in Wales)
for an ambulance, if they’re seriously ill or injured or their life is at risk: 999
They should tell the operator:
Their symptoms
Which country they’ve returned from in the last fourteen days
Daily Updates
The Government publishes daily updates at 14:00 with the latest statistics and advice here
Disclaimer
This update is the collation of information from several sources (including CIPD and ACAS). It does not constitute legal advice on your circumstances and we are not qualified - and nor do we - give medical advice.
If you have any questions, please feel free to contact us.