Coronavirus FAQs for Employers

Yes, an employee will be entitled to SSP if they are self-isolating because:

• they have Coronavirus;
• they have Coronavirus symptoms;
• someone in their household has Coronavirus symptoms;
• they have been told to self-isolate by a medical professional or NHS 111.

SSP is currently payable at £94.25 per week for up to 28 weeks. (Employers to note that this will increase to £95.85 per week as of 6 April 2020). This is payable from day one of any COVID-19 related absence.

On 17 March 2020 the Chancellor of the Exchequer, Rishi Sunak MP, announced that small and medium sized businesses with fewer than 250 employees (as of 28 February 2020) will be reimbursed for up to 2 weeks SSP per each eligible employee for any COVID-19 related absence.

The Prime Minister announced strict lockdown measures on 23 March 2020 that individuals should stay at home unless they need to go out for one of the following reasons:

1. Shopping for basic necessities;
2. One form of exercise a day;
3.  Any medical need; or
4. Travelling to and from work, but only where this absolutely cannot be done from home.

It therefore appears that the Government are saying that, in addition to key workers, individuals can travel to work but only if the work really cannot be done from home. Employers should however be taking all possible steps to facilitate home working.

You should check the employee’s contract of employment. Employees do have a statutory right to a limited amount of unpaid time off to care for dependents in an emergency situation (usually only a couple of days at most). There is also a statutory right to parental leave.

The government announced that all schools would close on 20 March 2020 other than some provision remaining for the children of key workers and vulnerable children. Guidance has been published here on who may count as a key worker.

You could discuss with employees about whether working from home or flexible working is possible instead as it may be that they are still able to perform their work from home with some flexibility around caring for their children. Alternatively you can permit employees to take paid holiday.

Businesses can make redundancies in the normal way, and current employment rights, protections and obligation will continue to apply.

However, if an employer needs to make an employee redundant in order to cut costs, they can instead discuss with the employee (and indeed should consider as an alternative) them becoming classified as a ‘furloughed worker’ (see below for more details). This would mean they would remain on the payroll, rather than being made redundant. Their employment would continue but they could not undertake any work for the employer while classified in this way.

My business have been disrupted and I may need to lay off employees – can I do this?

You will only be able to do this is there is an express right to do so in the employees employment contract allowing for the right to be laid off without pay. If it is not in the contract or agreed otherwise then you will need to pay employees for this time, which would defeat the object. In our experience not many businesses will have lay-off provisions in their contracts, in which case most will be reliant on so-called “furlough leave” (which is also likely more attractive to employees too). Beware forcibly laying off employees on no or reduced pay without a contractual right or express agreement to do so and it would likely be a fundamental breach of contract, meaning that the employee could sue for unpaid wages or resign and claim constructive dismissal.

On 20 March 2020 the government announced the creation of the Coronavirus Job Retention Scheme. This allows employers to “furlough” their employees as an alternative to making them redundant. They can then apply to HMRC for a grant of up 80% of the wages of each “furloughed” employee up to a maximum of £2,500 per month. If your employee’s employment contract does not include a provision for this then you will require their consent to be “furloughed”. This is hoped to be up and running by the end of April 2020 and will be backdated to 1 March 2020. We don’t yet have all the details on this scheme, including how it applies to those who have already been made redundant.

Employers are being urged to contact HMRC to explore this option as an alternative to making any redundancies.

All arrangements with staff must be clearly communicated and documented to help ensure that businesses don’t inadvertently commit to or assume liability for costs/payments above and beyond those covered by the government.

Other alternatives which business may want to consider is temporarily agreeing changes in duties, if there is particular work which needs to be done. Employers and employees can also agree that employees are able to take on alternative outside work to supplement their income.

Are there any data protection rights I should be aware of in relation to Coronavirus?

Yes. As per GDPR ‘special category data’ includes medical information and personal data regarding an individual’s health and so consideration to this must be given. The Information Commissioner (ICO) have however issued some guidance here.

In essence, the ICO have indicated that you should keep staff informed about any cases within your organisation but that you probably don’t need to name individuals and that you shouldn’t provide more information than necessary.