Coronavirus- Employment Rights

The outbreak of COVID-19 and rapidly changing government advice is causing a great deal of uncertainty for both employers and employees. Our clients can remain assured that Banks Kelly is available to assist with any queries relating to the existing law and new legislation arising out of the pandemic. At the date of writing, here are the important employment rights for employees and employers to be aware of in relation to COVID-19:

Sickness

• Employees should take time off work if they are ill. Medical evidence is not required for the first 7 days of sickness. After 7 days, it is for the employer to determine what evidence they require, if any, from the employee. The Government says it is working on an alternative form of evidence to the Statement of Fitness for Work (‘fit note’) which will shortly be available via NHS Online.
   
• The Government has urged employers to respect their employee’s need to stay at home where they are following government advice to do so and to show flexibility in the evidence they require from employees.
   
• If an employee is unwell because of coronavirus, they are entitled to their usual sick leave and sick pay. Statutory Sick Pay will be paid from day 1 instead of day 4 for those affected by coronavirus, however if an employee is off sick for any other reason, this extension doesn’t apply.
   
• Small and medium sized business (with fewer than 250 employees) will be able to reclaim Statutory Sick Pay (SSP) paid for sickness absence due to COVID-19.
   
• If an employee isn’t entitled to Statutory Sick Pay, they may be able to apply for Universal Credit or Employment and Support Allowance (ESA).

Care for Children/Dependants

• If an employee’s child's school is closed or their child is ill or needs to go into self-isolation, they are entitled to take time off work to look after them.
   
• Employees have the right to take a reasonable amount of time off work if their child is ill, or because of the disruption or termination of arrangements of care for a dependant.
   
• Employees must tell their employers the reason for their absence as soon as possible and tell their employer how long they expect to be off work.
   
• Employers don’t have to pay their employees for time taken off to care for a dependant in these circumstances.  

Working from Home

• The Government is encouraging employers to allow their employees to work from home, if possible. Employees from certain vulnerable groups, including:
   
  • those that have a long-term health condition;
     
  • a weakened immune system;
     
  • are pregnant;
     
  • are aged 70 or over; or
     
  • care for someone with a health condition that might put them at a greater risk should be strongly advised and supported to stay at home and work from there if possible.

Dismissal

• If an employee is dismissed because of the impact of coronavirus on their employer’s business, they are entitled to receive notice of termination and accrued holiday pay.
   
• If an employee has worked for their employer for 2 years or more, their employer should follow a fair procedure and/or consultation process in determining which employees should be made redundant.
   
• These employees will also be entitled to receive statutory redundancy pay.