What is Coronavirus disease (COVID-19)?

Coronavirus Disease (COVID-19), is a new respiratory virus first identified in Wuhan, Hubei Province, China. A novel coronavirus (CoV) is a new coronavirus that has not been previously identified.

What is the source of COVID-19?

Coronaviruses are a large family of viruses. Some cause illness in people, and others, such as canine and feline coronaviruses, only infect animals. Rarely, animal coronaviruses that infect animals have emerged to infect people and can spread between people. This is suspected to have occurred for the virus that causes COVID-19.

What is the risk of coronavirus in the UK?

The UK Chief Medical Officers have raised the risk to the public from low to moderate.

Health professionals are working to contact anyone who has been in close contact with people who have coronavirus.

What countries have a higher risk of the coronavirus?

Countries and areas with a higher risk of coronavirus are Cambodia, China, Hong Kong, Iran, Italy, Japan, Laos, Macau, Malaysia, Myanmar (Burma), Singapore, South Korea, Taiwan, Tenerife (only the H10 Costa Adeje Palace Hotel), Thailand and Vietnam. If an employee has visited one of those places in the last 14 days they should:

• Stay at home and avoid close contact with other people
• Stay away from GP surgeries, pharmacies and hospitals
• Use the 111 NHS online coronavirus service to find out next steps

What are the symptoms and complications that COVID-19 can cause?

Current symptoms reported for patients with COVID-19 have included mild to severe respiratory illness with fever, cough, and difficulty breathing. These symptoms do not necessarily mean you have the illness. The symptoms are similar to other illnesses that are much more common such as cold and flu.

How does the virus spread?

This virus probably originally emerged from an animal source but now seems to be spreading from person-to-person. It’s important to note that person-to-person spread can happen on a continuum. Some viruses are highly contagious (like measles), while other viruses are less so. It’s not clear yet how easily COVID-19 spreads from person-to-person. Similar viruses spread in cough droplets. It’s very unlikely it can spread through things like packages or food.

Is there a vaccine?

Currently, there is no vaccine available to protect against COVID-19.

What are the treatments?

There is no specific antiviral treatment recommended for COVID-19 infection. People infected with COVID-19 should seek medical assistance.

Can I prevent an employee from travelling to an affected area?

In relation to work travel, employers may want to avoid, and may well be able to prevent, employees travelling to highly affected areas, although this will need to be handled sensitively and will require a risk assessment.

Making clear the potential risks to employees and delaying travel until more is known may be a sensible approach and employers should consider engaging with their workforce to address the issue and think carefully about any policy to be adopted. Any policy that is applied must not have an unjustifiable discriminatory impact and should apply fairly across the workforce.

From a practical perspective, it may be that interim measures are the solution. For example, is it possible for the employee to carry out their work via Skype or video conferencing for a limited period?

The issue is obviously trickier when an employee wishes to travel for personal reasons. Whilst an employer cannot prevent an employee exercising their right to spend their holiday time where they choose, employers can reaffirm the government guidance, reiterate their obligation to protect the welfare of all employees and ask employees to keep them informed of any travel plans or other circumstances which may put the employee at increased risk of exposure to the coronavirus.

One of my employees is ill. How do I know if it is COVID-19 or something else like the flu?

If an employee becomes unwell in the workplace and has recently come back from an area affected by coronavirus, they should stay at least 2 metres (7 feet) away from other people, taking the following measures to limit risk of spread:

• Avoid touching anything
• When coughing or sneezing please do so into a tissue and put it in the bin, or if you don’t have a tissue, cough and sneeze into the crook of your elbow instead of your hand
• Immediately inform their line manager and leave the building
• They must then phone NHS advice on 111.
• If they’re seriously ill, injured or their life is at risk then call 999 and ensure they tell the operator their symptoms and which country they’ve returned from in the last 14 days
• It is important that they communicate with the business while they’re absent from work, updating them on their condition so you can take the necessary steps within the workplace to ensure colleagues’ safety

I’m worried about an employee who might be ill or might have been exposed to COVID-19. What should I do?

If an employee has flu-like symptoms, you can encourage them to ring 111 and seek medical advice.

How to avoid catching or spreading coronavirus

Do

• Wash your hands with soap and water often for at least 20 seconds
• Wash your hands when you get home or come into work
• Use hand sanitiser gel if soap and water are not available
• Cover your mouth and nose with a tissue or your sleeve (not your hands) when you cough or sneeze
• Put used tissues in the bin straight away and wash your hands afterwards
• Try to avoid close contact with people who are unwell

Don’t

• Touch your eyes, nose or mouth if your hands are not clean

Is it necessary for surgical masks to be worn?

Masks are only recommended for those with symptoms (fever, cough, shortness of breath, runny nose), to reduce the spread to others. The evidence regarding using masks for prevention is mixed. Leading public health authorities are not currently recommending masks for prevention of this virus. We understand that many individuals are concerned about exposure in public, the best prevention we know of is good personal hygiene habits.

My employee has called in sick. What should I do?

If your employee is unwell and unable to attend work, please follow the absence reporting procedure. This will be treated as sick leave and the usual sick pay policy will be followed, however, if they have genuine concern that it may be coronavirus and can provide a doctor’s note confirming that they were suffering with flu-like symptoms then statutory sick pay can be paid (if they qualify for SSP) for the duration of their sick note, and if you have under 250 employees, the government will reimburse the employer for the first 14 days of sick pay.

What should I pay my employees if I send them home?

If an employee is not sick but you tell them not to come to work, they should get their usual pay.

Are my employees entitled to sick pay if they self-isolate?

If they choose to or you send them home as a precautionary measure, they are entitled to statutory sick pay (SSP) for the first 14 days of self-isolation. The government have announced that small businesses with up to 250 employees will be reimbursed for SSP that they pay out for these purposes.

I need to close my business. Do I have to pay my employees?

Yes, unless it is stated in their contract or agreed otherwise.

Can I make my employees use their holiday entitlement during the business closure?

Yes, only if you inform your employees at least twice as many days before as the required holiday length. You should explain clearly why you need to close the business.

What medical evidence do my employees need?

In an attempt to keep people away from GP surgeries, employees can obtain a sick note through NHS 111.

I have self-employed staff. Will they get sick pay?

Self-employed people are usually not eligible for SSP, but the Government will now be making it “quicker and easier to get benefits” including those on a zero hours contacts, or those earning less than £118 a week.

I’m a small business owner. Will I have to cover the cost of my employees’ sick pay?

Under the new measures, the Government will meet the cost for businesses with fewer than 250 employees of providing SSP for 14 days. The step will provide over £2 billion for up to two million businesses.

Meanwhile, business rates will be scrapped for thousands of small businesses over the next year to help support small businesses during the COVID-19 outbreak.

Mr Sunak announced that businesses such as shops, cinemas, restaurants and music venues with a rateable value under £51,000 will not have to pay tax for the next financial year.

If you have any questions or need any further advice on this subject then please get in touch with one of our experts on 0161 603 2156 / [email protected].

There are an estimated 7,500 child deaths in the UK every year.

Since the Parental Bereavement (Leave and Pay) Bill received royal assent in 2018, as of April 2020 parents who lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy, are entitled to two weeks’ leave. This can be taken as either a single block of two weeks or as two separate blocks of one week across the first year after the death. The qualifying period is within 56 weeks following the date of the child’s death.

The government estimates that this new law will help support around 10,000 parents a year.

Jack’s law

The new law will be known as Jack’s Law, in memory of Jack Herd. Since 2010 Jack’s mother, Lucy Herd, has been campaigning for reform following the death of her son who drowned at the age of 23 months. She found that 3 days bereavement leave was often the maximum that companies offered to parents to grieve, and anything over that had to be taken as sick or holiday leave.

Lucy Herd said “In the immediate aftermath of a child dying, parents have to cope with their own loss, the grief of their wider family, including other children, as well as a vast amount of administrative paperwork and other arrangements. Sudden or accidental death may require a post-mortem or inquest; there is a funeral to arrange and there are many other organisations to contact, from schools to benefit offices.”

Who is entitled?

Employees have a ‘day one’ right to unpaid bereavement leave; parents are able to claim pay for this period, subject to meeting eligibility criteria.

It is available to birth parents and those with parental responsibility including adoptive parents, fostering parents (emergency foster care may not be covered), those who are fostering to adopt and legal guardians.

Bereavement policy

Having a bereavement policy that covers pay and absence can help keep things clear and concise. It should cover:

• How soon the bereavement should be reported
• Who can report it e.g. a family member if the employee is not able to do it themselves
• Who it should be reported to e.g. line manager
• What happens if the deceased is not a dependant
• How much leave is provided
• What type of leave it is e.g. whether it’s treated as sick leave
• When a sick/fit note is needed
• How the employee’s return to work is managed e.g. whether they can return on reduced hours if they’re not ready to return full time

It should also cover pay, whether or not it is provided, how much is provided and the type of pay e.g. sick pay.

What employers should be aware of

Mental health

Anxiety and depression are common conditions for anyone who has been bereaved. Certain mental health conditions are considered disabilities under the law so employers should ensure they don’t discriminate against someone with a disability and make ‘reasonable adjustments’.

Colleague disclosure

Employees have the right to keep their bereavement private from their colleagues by law. It can be helpful for employers to ask their employees if they would like their colleagues to know about the bereavement. If they are advised not to disclose the reason for their absence, it is best to say as little as possible e.g. due to personal reasons.

Support

When someone returns to work following a bereavement, they may still need extra support or time off due to things like mental health or extra responsibilities. Employers should consider the employee’s long term physical and mental health and what’s best for them. Promoting an open and supportive working environment can help prevent problems arising.

This isn’t the only new law coming into place in April 2020. For further information on upcoming changes and how they will affect your business, get in touch on 0161 605 2156 / [email protected].

Highlighted by the #MeToo movement, the reporting of sexual harassment at work has become more prevalent, as have the barriers that many experience when reporting it.

In a 2019 survey conducted by the TUC where 1,000+ lesbian, gay, bisexual and transgender people (LGBT) were consulted, an alarming 68% reported that they had been sexually harassed at work.

What is sexual harassment?

Sexual harassment occurs when an individual engages in unwanted behaviour of a sexual nature (verbal, non-verbal or physical conduct), and:

• Violates someone’s dignity
• Creates an intimidating, hostile, degrading, humiliating or offensive environment for the individual concerned

New guidance

New guidance has been issued by The Equality and Human Rights Commission (EHRC) regarding dealing with sexual harassment at work.

It states that all employers have a duty of care to protect their workforce and are legally liable for harassment in the workplace if they haven’t taken reasonable steps to prevent it.

The guidance includes a legal explanation and examples of how to manage and respond effectively to workplace harassment. In addition the EHRC has recommended seven steps that employers should take to prevent and manage sexual harassment in the workplace:

• Develop an effective anti-harassment policy
• Engage colleagues with regular one-to-ones and have an open-door policy
• Assess and mitigate risks in the workplace
• Consider using a reporting system that allows employees the option of raising an issue anonymously
• Train employees on what sexual harassment in the workplace looks like, what to do if they experience it and how to handle complaints
• Act immediately when a harassment complaint is made
• Treat harassment by a third-party just as seriously as that by a colleague

It also discourages the use of NDAs (non-disclosure agreements) unless they are deemed to be necessary and appropriate.

Non-Disclosure Agreements

What is an NDA?

NDAs are contracts or parts of contracts that typically prevent colleagues and ex-colleagues from making information public. They are also referred to as confidentiality or gagging clauses. They can be found:
– in an employment contract
– in an Acas settlement form (‘COT3’), written up when an agreement is reached through ‘conciliation’
– in a settlement agreement
– in a separate, standalone document

Employers should follow fair procedures to resolve workplace issues as opposed to using NDAs. For example; disciplinary or grievance procedures, investigation or whistleblowing procedure. This will help avoid problems worsening and prevent legal action, along with keeping colleague motivation and encouraging a more open and productive workplace. Colleagues should be encouraged and supported, allowing them to open up about any issues and have their problems dealt with in an appropriate way. Giving managers training to spot the early signs of disagreements and resolving issues can help improve colleague productivity, prevent the problems from getting worse and avoid legal action.

When might an NDA be used?

If an employer and employee make an agreement to solve a workplace dispute, they may use an NDA to keep the details of the agreement or the fact an agreement has been made confidential. This may include the sum of money agreed in a settlement agreement, the settlement terms or the circumstances leading to the settlement agreement.
They may also be used:
– to keep a company’s information confidential
– when an employer needs a lot of protection for customer or client identities, intellectual property or other sensitive or important business information
– to keep confidential certain things the employee knows about the workplace or business
– to stop someone making critical or insulting comments, for example about the employer or employee, specific people in the workplace, the service that an employer provides, or their customers and clients
– to help protect someone if the details of a dispute or dismissal became widely known

When should an NDA not be used?

– prior to investigating if another solution can be used instead
– when they’re not needed
– to stop someone reporting discrimination, harassment or sexual harassment
– to cover up inappropriate behaviour or misconduct
– to avoid addressing disputes or problems in the workplace
– to mislead someone

This article covers just some of the things employers can do help prevent sexual harassment in the workplace. If you require further information, or need some guidance on a current claim, get in touch today on 0161 603 2156 / [email protected] for further advice.

Expressions of praise or admiration in the workplace, used appropriately, can be a real motivator; whether it’s praising someone’s efforts, congratulating them or simply giving them positive feedback.

There can however be a fine line between giving a compliment and harassment, the consequences of which have the potential to be extremely costly if it results in a tribunal.

Whilst it can be nice to hear ‘you look nice today’, it isn’t always appropriate to comment in this way in the work environment.

This article takes employers through what they need to know and how to act when it comes to preventing and managing harassment in the workplace.

The Law

Under the Equality Act 2010, harassment is defined as being ‘unwanted conduct relating to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’. Harassment based on age, disability, race, religion/belief, sex, sexual orientation and other protected characteristics are all covered under the law.

Individuals are protected during the recruitment process, during employment and, in some circumstances, after employment. This also includes protection against those who are a member/non-member of a trade union. Employers are liable for harassment both between employees and through a third party e.g. a customer.

If discrimination-based harassment has occurred, both employers and individuals may be ordered to pay unlimited compensation, including payment for injury to feelings.

In the case of Ms R Roberts v (1) Cash Zone (Camberley Ltd); (2) Mr J Cullen, Reading Employment Tribunal, case number 2701804/2012, Ms Roberts was referred to as ‘a kid’, ‘stroppy kid’ and ‘stroppy little teenager’ by their line manager, and was dismissed as a result of her shortcomings. The tribunal ruled that Ms Roberts was subjected to harassment on the grounds of age and was subsequently awarded with payment for injury to feelings.

What can employers do to prevent harassment?

Robust policies and guidance that clearly outlines the company’s commitment to zero tolerance on harassment and the promotion of respect in the workplace is the starting point. Ensuring managers understand and implement these policies will help embed the philosophy into the organisation. It is important to note that this may also include responsibility for things that may happen outside the workplace, for example at social events or parties.

Key items to outline in policies regarding harassment include information on:

• The damaging effects of harassment on both the individual and wider company
• How it will be treated as a disciplinary offence
• The legal implications and potential personal liability
• How to get help when being harassed
• How to make a complaint (formal and informal)
• Confirmation that all allegations are treated seriously, swiftly and with confidentiality
• Clarity around the accountability of managers, and role of union and employee representatives
• Emphasis on the responsibility of every employee for their own behaviour

Policies should be regularly reviewed and monitored to ensure effectiveness. It is also good practice to provide examples of what is deemed unacceptable behaviour in the workplace. This may include:

• Spreading rumours
• Insulting, ridiculing or criticising someone
• Exclusion or victimisation
• Unwanted physical contact
• Unwelcome sexual advances
• Stopping someone’s progression by purposely blocking promotion or training opportunities

Whilst it is important for employers to have robust policies in place, employees have a responsibility themselves for adhering to them and taking action if they suspect someone is being harassed.

Complaints about harassment

When an individual makes a complaint about harassment, they must have access to someone that is trained in this role, either inside the company or an outside sponsored service. This is for both individuals that are being harassed and for those who have observed harassment. There should be no influence on the individual as to whether they wish to take their complaint further.

Informal discussions

In some situations, people may not be aware that their behaviour is perceived as harassment, and an informal discussion may be all that it takes for it to cease. It could be between the individual themselves or a supporting manager, representative, counsellor or colleague and the harasser.

Mediation

Employers and employees may mutually agree that an independent third party may help resolve the situation. This is a voluntary process for less serious complaints. This approach is more likely to be effective if both parties are aware of what mediation involves, have voluntarily opted for this approach and are looking to repair their working relationship.

Formal procedures

If informal approaches aren’t appropriate (for example, the complaint is more serious) or don’t work, formal procedures are adopted. This process should be clearly outlined in the company’s grievance and disciplinary policy.

Investigation

If a complaint results in formal action, the investigation should include:

• Prompt and unbiased response
• Evidence collected from any witnesses
• Gathering both versions of events
• A realistic but prompt timescale
• Confidentiality

All of this should be recorded, including names of those involved, dates, the incident(s), what’s being done about it and if there is any follow-up or monitoring. All of which should all be kept confidential under data protection law.

Action

If a complaint is unresolved, it may require the relocation of one of the parties. Contract terms and conditions must be considered as if it is breached, there may be a claim for constructive unfair dismissal.

Do you need to create policies that help prevent harassment? Are you going through a harassment claim and could do with some advice? We can help! Get in touch today on 0161 603 2156 or email [email protected].

Following a dismissal claim, a recent employment tribunal ruled that ethical veganism should be a protected characteristic under the Equality Act 2010 as an ethical belief against discrimination law.

What is an ethical vegan?

An ethical vegan is someone who follows a vegan diet and is against the use of animals for any purpose. This encompasses everything from avoiding wearing clothing made from animal products, toiletries made by companies that perform animal testing and boycotting any firms that are involved with any use of animals solely for the benefit of humankind.

Equality Act 2010

Under this act, it is stated ‘belief means any religious or philosophical belief’, including lack of. The courts have since developed a definition of belief. To be a protected belief, it must:

• Affect how someone lives their life or views the world
• Be genuinely held
• Be an actual belief, not just an opinion
• Be based on a substantial aspect of life and behaviour
• Have a certain level of seriousness, importance, cogency and cohesion
• Be respected in a democratic society

This ruling was made following the case between Jordi Casamitjana, an ethical vegan, and his employer, League Against Cruel Sports (LACS). Jordi believed he was unfairly sacked after he disclosed that LACS invested in pension funds in firms involved in animal testing, but they said he was dismissed for gross misconduct.

The judgement

The judge ruled that ethical veganism qualifies as a philosophical belief under the Equality Act 2010 by satisfying tests including that it is worthy of respect in a democratic society, not incompatible with human dignity and not conflicting with the fundamental rights of others.

Due to this ruling and the potential changes that may come about, employers will need to be more aware of those with an ethical veganism belief, ensuring they don’t discriminate against them.

What can employers do to prevent discrimination?

There are three common areas in which discrimination for religion or belief can occur:

• Recruitment
• Taking time away from work for religious reasons
• Dress code and appearance

Managers should encourage equality, promote diversity and manage fairly throughout the organisation. To do this, employers are advised to have:

• An equality and diversity policy so everyone knows what is acceptable and what is expected of them
• An action plan for promoting equality and diversity in the workplace
• A process for assessing whether the policy and action plan are effective and producing the desired results
• A commitment to ensure any necessary adjustments are made to address equality, promote diversity and/or prevent discrimination

In summary there are numerous actions employers can undertake to help avoid discrimination about religion or belief in the workplace. Ensuring that access to training opportunities or promotion isn’t restricted due to religion or belief will keep employers operating within the law.

However, there are other changes that although not legal requirements will reduce the likelihood of discrimination such as promoting equal opportunities, where relevant ensuring all dietary requirements are catered for and ensuring that managers receive appropriate training on preventing, spotting and managing discrimination in the workplace. Ultimately the process should start as it means to go on with interviewers avoiding probing questions to do with religion or belief during recruitment and throughout employment.

Are you looking for ways to prevent workplace discrimination? Are you an employer currently dealing with a discrimination claim? Get in touch on 0161 603 2156 / [email protected] for further advice today.

 

The government has announced the pay rise that affects 2.8 million people when it comes into place from 1^st April 2020.

The National Living Wage will rise by 6.2% this year, which means an annual pay rise of up to £930 for a full-time worker.

National Minimum Wage will increase between 4.6% and 6.5%. 

National Living & Minimum Wage

Year	25 and over	21 to 24	18 to 20	Under 18	Apprentice
April 2019      (current rate)	£8.21	£7.70	£6.15	£4.35	£3.90
April 2020	£8.72	£8.20	£6.45	£4.55	£4.15

 

Statutory Sick Pay proposed to increase as of 6^th April 2020

From £94.25 to £95.85. 

Statutory Maternity, Paternity, Shared Parental and Adoption Pay proposed to increase as of 5^th April 2020

From £148.68 to £151.20 (or 90% of average weekly earnings if less than statutory rate).

It is up to the employer to keep 3 years’ worth of records (usually payroll) to prove that their workers are being paid at least the minimum wage.