Coronavirus FAQs for Employees

As a general rule, if you are actually sick (whether with COVID-19 or otherwise) your employer will be required to pay sick pay in the normal way. You should check your contract to see if you are entitled to contractual sick pay in addition to statutory sick pay (SSP).

In response to this pandemic, the Government has changed the law in relation to an employee’s entitlement to SSP. 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.

If you chose to self-isolate (if you’re not required to self-isolate in accordance with Government guidance, aren’t in one of the vulnerable groups strongly advised to stay at home and aren’t demonstrating any symptoms of COVID-19) in these circumstances, it is unlikely that you will be entitled to SSP. It is important to discuss your concerns with your employers in order to come to a reasonable solution; your employer should listen to your concerns and take steps to protect its staff.

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:

• Shopping for basic necessities

• One form of exercise a day

• Any medical need

• 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.

Employees in certain vulnerable groups (over the age of 70, with underlying health conditions or pregnant) have been strongly advised to follow social distancing and to self-isolate for 12 weeks. Employers should therefore particularly ensure that employees who fall within this vulnerable category stay at home.

You should not be required to take annual leave if you are self-isolating in accordance with Government guidance or because you are unwell.

However, your Employer is entitled to ask you take annual leave if they or you do not wish to attend work but are fit to do so and you are unable to work from home.

Under the Working Time Regulations 1998 employers must give employees two days’ notice for every day that they require the employee to take off. For example, if your employer requires you to take 5 days annual leave then they will need to give you 10 days’ notice before the date on which they require the leave to start.

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. However this leaves many employees juggling childcare responsibilities and working.

Employees should review their employments contracts as some employers offer paid leave.

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 (unpaid) which could also be used.

You should also discuss with your employer about whether working from home or flexible working is possible instead as it may be that you are still able to perform your work from home with some flexibility around caring for your children.

Your employer can only do this if there is an express right to do so in your employment contract allowing for the right to be laid off without pay. If you are laid off in accordance with a contractual right to do so, you may be entitled to claim a statutory redundancy payment (if you have been employed for more than two years and have been laid off for 4 weeks continuously or 6 weeks in total) or a statutory guarantee payment (which is a form of compensation under law available to employees for up to 5 “workless days” in a three month period).

If there is no contractual right to lay you off without pay in your contract, and this has not been otherwise agreed between you and your employer, then you should be paid for this time. If employers do forcibly lay off employees on no or reduced pay without a contractual right or express agreement to do so, it would likely be a fundamental breach of contract, meaning that the employee could sue for unpaid wages or resign and claim constructive dismissal.

Businesses can still make redundancies in the normal way, and current employment rights, protections and obligation will continue to apply. However, employers will be reluctant to do this because they will want to retain staff for when things get back to normal.

The alternative for many employers is therefore to rely on so-called “furlough leave”. 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.