As coronavirus (also known as COVID-19) continues to spread, the UK has moved from the ‘contain’ phase to the ‘delay’ phase in its response to the spread of the virus.
The government held a COBRA meeting yesterday (12 March 2020) after which they announced some changes with regard to self-isolation periods and statutory sick pay.
Current Self-Isolation Guidance
The government has advised that anyone with a high temperature (37.8 degrees and above) or a new, continuous cough should self-isolate for seven days.
Individuals are also still required to self-isolate in some circumstances in which they have no symptoms, including if they have:
- Been in contact with a confirmed coronavirus carrier; or
- Recently travelled to a restricted area
Statutory Sick Pay Update
The government has announced that statutory sick pay (SSP) will be payable from the first day of sickness, rather than the fourth day as would usually be the case.
In the March 2020 Budget, the Chancellor announced that SSP would be paid to those who have COVID-19 or have to self‑isolate, in accordance with government guidelines and that further, eligibility would be extended to:
- Individuals who are unable to work because they have been advised to self-isolate (presumably regardless of whether or not they have symptoms)
- People caring for those within the same household who display COVID-19 symptoms and have been told to self-isolate
The government has also announced that small employers (with fewer than 250 employees) will be reimbursed for any SSP paid to employees in respect of the first 14 days of sickness related to COVID-19.
Do Employers Have to Pay an Employee if They Send Them Home From Work to Self-Isolate?
If the employee has been sent home on health and safety grounds, because of a possible risk of infection which does not fall within the government’s self-isolation advice, it is likely that they have the right to continue to receive full pay.
Some casual employees may have no entitlement to be provided with work and therefore have no entitlement to pay if the employer does not provide them with work due to a fear of possible infection.
Where an employee is willing and able to perform work in accordance with their contract, there is an implied term that the employer has an obligation to pay wages, unless there is a contractual right not to do so. An employee in these circumstances will not be entitled to SSP because they are not unfit to work
If the employee is being sent home in accordance with the government’s self-isolation advice and the employee is advised to self-isolate following a medical consultation then they would be entitled to SSP.
Government advice will continue to change as more is known about COVID-19. Employers should continue to monitor the situation and provide their staff with regular updates so as to ensure that they are kept fully informed.
For further advice about how to address COVID-19 from an employment law perspective, please contact a member of the Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of the Team will be in touch.