| HR & EMPLOYMENT LAW
Jackie Le Poidevin, Editor-in-Chief, HR Adviser |
4 Things You Can and Can’t Ask Staff to Do After the Plan B Review
On Wednesday, the Prime Minister confirmed that he is sticking with Plan B until at least 26 January. Although there will be no new restrictions for now, there will be some changes to the testing requirements. Here, I look at what you now can and can’t ask your employees to do in light of the government guidance.
1. Can We Ask Staff to Come into the Office?
It isn’t compulsory for staff in office-type roles to work from home – under Plan B this has only ever been advice. So, in principle, you can ask employees to come into the office. However, employees have the right to refuse to come into work if they reasonably believe the workplace poses a serious and imminent danger.
On the one hand, the Omicron variant appears to result in milder symptoms than the Delta variant for most people. However, it’s also much more transmissible, so the employment tribunals might well be sympathetic to an employee who refused to return to the office, especially if they or a household member are vulnerable. To reduce the risk of costly claims, you should therefore:
- Ensure you have a very good reason if you intend to disregard the government’s advice.
- Consult with employees to get as many of them on side as possible.
- Minimise the risk of Covid transmission in your workplace, for example through increasing ventilation, requiring mask wearing, enforcing social distancing and/or testing staff.
- Avoid penalising employees who are worried about coming into the office and let them work from home.
Tip: You should consider the impact on your business if a high proportion of your staff fall ill, which will quickly wipe out any expected benefits from face-to-face working. Office for National Statistics figures show that one in 15 people in England had Covid in the week to New Year’s Eve, so there’s a significant risk of a workplace outbreak.
2. Can We Ask Staff to Take a PCR Test to Confirm They have Covid?
It’s likely you’ve been advising team members who say they have had a positive lateral flow device (LFD) test result to take a more reliable PCR test to confirm whether they really do have the virus or can come back to work. However, from 11 January, Boris Johnson has said that people without symptoms don’t need to take a follow-up PCR after a positive LFD test. They should simply start their self-isolation.
There are some exceptions, though, and you should advise staff to take a PCR test if they:
- Are eligible for a £500 Test and Trace Support Payment, as they will need a positive PCR test to access financial support.
- Have been identified by the NHS as being at particular risk from Covid and potentially eligible for new treatments.
- Have Covid symptoms.
Bear in mind that until 26 January, staff can self-certify absences of up to 28 days. So you can advise them of the rules but you shouldn’t insist they show you their test result as a condition of entitlement to statutory sick pay. If you offer enhanced contractual sick pay, though, you can impose your own evidence requirements for this.
3. Can We Ask Staff Who have Been Self-isolating to Return to Work After 7 Days?
Regardless of vaccination status, people can leave self-isolation after 7 days instead of the usual 10 following two negative LFD tests taken 24 hours apart. The first test should not be taken before day 6. Anyone who has a high temperature or is unwell, even after day 10, should continue to self-isolate.
However, anyone leaving self-isolation before 10 days is ‘strongly advised’ to:
- Work from home if possible.
- Limit close contact with other people, especially in crowded, enclosed or poorly ventilated spaces – or, if this isn’t possible, wear a mask.
- Minimise contact with anyone at high risk of severe illness.
So you can ask staff to return after 7 days of self-isolation if you put appropriate precautions in place but it depends on the nature of your workplace and the person’s role.
4. Can We Ask Staff to Tell Us if They’ve Been in Contact with Someone Who has Covid?
Employees who have to self-isolate because NHS Test and Trace has told them they are a close contact of someone who has tested positive for the virus are legally required to inform you of this. However, many close contacts are now exempt from self-isolating in this situation, usually because they:
- Have received two (or more) Covid jabs at least 14 days before the contact.
- Cannot be vaccinated on medical grounds.
If they have a household member or other close contact who has tested positive, the government is ‘strongly advising’ these exempt people to:
- Take a daily LFD test for 7 days and self-isolate if they get a positive result.
- Follow advice on how to avoid catching and spreading Covid.
- Limit contact with people who are at higher risk from the virus.
This is only advice, though, so they won’t be breaking any law if they turn up to work without doing any of these things.
To avoid the spread of the virus, it would therefore be sensible to ask (but not force) employees to:
- Tell you if they have been in close contact with a positive case even if they are exempt from self-isolating.
- Take an LFD test each day as advised by the government and only come into work if this is negative.
| HEALTH & SAFETY
Michael Ellerby, Editorial Board Member, Health & Safety Adviser and Risk Assessment & Compliance |
Mental Health Absence Continues to Rise: Tips to Reduce Work-related Stress
The Health and Safety Executive (HSE) has warned that work-related stress and poor mental health is increasingly becoming a crisis for UK employers. Mental ill-health is now the number one reason cited for worker absence in the UK. Although we are (understandably) focused on dealing with the Covid pandemic, employee mental health was already a concern before we had even heard of coronavirus. It is estimated that mental ill-health (and work-related stress) cost employers £45 billion each year. Therefore, identifying the causes of work-related stress and preventing the resulting ill-health may save employers a lot of money, as well as keeping people at work and safeguarding, or improving, their wellbeing.
Identify the Typical Causes of Work-related Stress
Anxiety and depression are among the most common mental health problems. These may be a reaction to a difficult life event (such as a failing relationship or a bereavement), but may also be caused by work. Stress affects people differently – what stresses one person may not affect another, or may not affect them so much. Differing factors such as skills and experience, age, or disability may all affect whether a worker can cope with the demands placed on them. Therefore, a one-size fits all approach is unlikely to work.
Typically, workers may get stressed if they feel they don’t have the skills or time to meet tight deadlines, so employers should match the demands they place on workers to their individual skills and knowledge. This can be done by providing planning, training and support to reduce the pressure and bring stress levels down.
Prolonged work-related stress may lead to physical and also psychological damage, including anxiety and depression. Work can also aggravate pre-existing conditions, and problems at work can bring on symptoms or make their effects worse.
Covid and Mental Health
Although the full impact of the pandemic is yet to be fully understood, it has been established that mental ill-health is the number one reason given for sick days in the UK. According to the HSE, more than 17 million working days were lost over the last year as a result of stress, anxiety, or depression. Further to this, a recent survey by the charity, Mind, indicated that about 40% of employees’ mental health had worsened during the pandemic.
To help reduce the risk to your employers, take the following steps:
- Set up simple processes to include people who are working from home.
- Share information and keep homeworkers involved.
- Listen to your employees’ concerns and be prepared to take action.
- Sign up to the HSE campaign Working Minds to help you recognise the signs of work-related stress and to make tackling issues routine. Just visit: https://tinyurl.com/4njfwpub
How You Can Reduce Stress in the Workplace
Starting the conversation is an important first step towards preventing work-related stress. Talking to staff will help you to undertake a thorough stress risk assessment and then develop the most effective actions for your organisation’s specific needs.
Remember, employers have a legal duty to assess the risks in the workplace, not just in terms of potential hazards and physical safety, but also stress-related issues. You should promote good working practices and engender an open environment where employees can share their concerns and discuss options to ease pressures. You can appoint and train mental health first aiders to ‘be there’ for others. Train your managers to be even better managers, particularly on how to identify and address work-related stress.
A Message for All
If people you work with are experiencing stress, do encourage them to talk to someone, such as a manager, their trade union representative, GP or a member of the occupational health team.
| PAYROLL
Sarah Bradford, Editor-in-Chief, Pay & Benefits Adviser |
SSP Rebate Scheme Resurrected: Check Your Eligibility
Following the surge in Covid-19 cases attributable to the Omicron variant, the Statutory Sick Pay Rebate Scheme is being re-introduced. The scheme allows small employers to reclaim up to 2 weeks’ statutory sick pay (SSP) per employee in respect of Coronavirus absences.
Original Scheme
The original SSP Rebate Scheme was introduced by regulations (the Statutory Sick Pay [Coronavirus] [Funding of Employers’ Liabilities] Regulations 2020 [SI 2020/512]) and came into force on 26 May 2020. It enabled UK employers who had fewer than 250 employees on their PAYE scheme on 28 February 2020 to claim back up to 2 weeks’ SSP that they had already paid to an employee absent due to a Coronavirus absence from the Government.
The original scheme applied to Coronavirus absences on or before 30 September 2021. Claims under the original scheme had to be made by 31 December 2021.
Resurrected Scheme
The resurrected scheme will run for a temporary period on the same lines as the original scheme. However, this time, it will be open to UK employers who had a PAYE scheme on 30 November 2021 with fewer than 250 employees.
Eligible employers will be able to claim back up to 2 weeks’ SSP which they have already paid to an employee in respect of Coronavirus absences occurring on or after 21 December 2021. The clock has been reset; rebates can be claimed in respect of SSP paid to an employee for Coronavirus absences on or after 31 December 2021 even if the employer has already claimed back 2 weeks’ SSP in respect of that employee under the original scheme.
Employers will be able to make a claim online from mid-January onwards.
Coronavirus Absences
Claims can only be made under the rebate scheme in respect of SSP paid to an employee who is absent from work due to a Coronavirus absence – the employer must meet the cost of any SSP paid to an employee who is absent for another reason.
An absence is a Coronavirus absence if the employee is absent from work because they:
- Have coronavirus symptoms.
- Are self-isolating because someone they live with has symptoms.
- Are self-isolating because they’ve been notified by the NHS or public health bodies that they’ve come into contact with someone with coronavirus.
- Have been advised by letter to shield because they’re clinically extremely vulnerable and at very high risk of severe illness from coronavirus.
- Have been notified by the NHS to self-isolate before surgery for up to 14 days.
More than one claim can be made in respect of SSP paid to a particular employee. However, under the reintroduced scheme, the rebate is capped at 2 weeks’ SSP per employee in respect of Coronavirus absences on or after 21 December 2021.
Keep Records
Eligible employers who make a claim under the SSP Rebate Scheme must keep a record of the SSP that they have paid to employees in respect of Coronavirus absences and that they wish to claim back under the scheme. They must also keep records of:
- The dates the employee was off sick.
- Which of those dates were qualifying days.
- The reason they said they were off work due to Covid-19.
- The employee’s National Insurance number.
These must be kept for at least 3 years from that date the rebate was received.