As you will be only too aware, the Government has now announced that England has moved into the “living with Covid” phase with restrictions being lifted, Scotland, Wales and Northern Ireland are following suit but at different rates.
So what’s changed?
- The legal requirement to self-isolated even if testing positive for Covid no longer applies
- Workers/employees will no longer be required to tell their employer if they test positive for Covid
- However, the guidance will remain in place for anyone testing positive, that they should stay home and avoid contact with others for 5 days
- The removal of the requirement to wear face masks in most settings
- Free LFTs to end for most people on 1st April 2022
- Routine contact tracing will end and people who have been in contact with someone with Covid no longer need to self-isolate or take daily tests
- The £500 support payment for those on low incomes will no longer be available
- The SSP rebate scheme will close on 17th March with employers having until 24th March to submit SSP rebates claims for coronavirus related absences or self-isolation.
- Normal SSP rules will apply from 18th March with SSP being paid from the 4th day of absence
- From 1st April employers will no longer need to consider Covid as a separate risk when working out how to keep employees and workers safe.
The lifting of these [legal] restrictions will place the emphasis on employers to develop their own strategies and procedures for employees who either test positive or have coronavirus symptoms.
We would suggest that you would not encourage anyone who is unwell, no matter what ailment they were suffering from, to come into work and spread their germs to other members of the team, or indeed to customers and visitors. Of course, if someone is feeling a bit “under the weather” but still feels up to working and can do so from home, that is probably the best-case scenario; provided that they are genuinely up to working – it shouldn’t be a way to avoid taking sickness absence.
Naturally that won’t apply to all roles, many requiring the physical presence of the employee in the workplace. Then the dilemma is whether the employee should attend the workplace or not and what they should be paid if you don’t want them to come into the workplace. If you normally pay full pay for periods of sickness absence then it’s probably easier, as the employee will still get paid. If, however, you usually only pay SSP, that may be more problematic as the employee may not wish to refrain from work, as they will only receive £96.35 a week after a 3-day unpaid period and many people will not refrain from work unless they are sufficiently unwell as to be incapable of working. Then you have to decide whether you tell them not to come to work, in which case you would be bound to pay them full pay, a precedent you may not wish to set.
Add into that mix how your customers may feel coming into contact with an employee who is displaying symptoms that may be associated with covid and the decision becomes even harder.
We always suggest planning and being prepared is the best way forward. So, we suggest that you give some thought to how you want to manage your employees moving forward. What will your policy be on:
- Reporting sickness absence?
- Working from home?
- Coming into the workplace is displaying symptoms?
- Coming into the workplace if testing positive, whether displaying symptoms or not?
- Pay during periods of absence?
- Especially if the employee refuses to stay at home (potentially on SSP) as they are no longer legally required to isolate?
- What precautions will you continue to operate in the workplace?
- Hand washing?
- Social distancing?
- Not sharing vehicles?
- Not shaking hands, or having other physical contact, with colleagues and customers?
- Wearing appropriate PPE in roles where the employee is entering a customers’ premises?
- Providing hand sanitiser at entry points and for use throughout the day?
- Working from home/hybrid working?
For members of our Advice Line service we have produced a template letter you may wish to send to employees encouraging them to follow the guidance and stay at home if displaying symptoms of coronavirus or if they have tested positive for Covid. This includes an option to pay full pay for the 5-day advised isolation period and can be found, together with a Q&A, in our After Restrictions folder. Find out more here.
Our support and advice
We are always happy to debate the pros/cons, dos/don’ts with you so please do talk to us if we can help in any way, we are here to support you.
Please note, this briefing is accurate at the time of writing, it is not intended to replace advice so please do call us if you have any queries.
