Local law firm advises on protecting your business from coronavirus

As the number of confirmed cases of coronavirus in the UK continues to grow, employers are needing to consider a range of measures to help protect their staff, clients and businesses.

From advising people not to shake hands at meetings to allowing employees to work from home, there are a number of ways that companies can deal with the outbreak.

Noting that a number of its clients in the area are implementing measures to restrict travel, both within the UK and internationally, Ipswich-based law firm Prettys has seen a change in the way that Suffolk businesses are operating.

Vanessa Bell who is head of employment at the firm discusses some of the measures currently being take in the region: “meetings are being held by telephone or video conference and some of our clients have restricted movement between different offices. They are also ensuring equipment is available enabling more employees to work from home.

“We are also seeing temporary changes to sick leave policies and some employers are considering making adjustments to their emergency leave policies and policies relating to dependents such as children, elderly or vulnerable people.”

Prettys’ team of legal experts also take a look at other issues facing businesses…

ABSENCE AND SICK PAY – Matthew Cole, Partner and Employment Lawyer

The Prime Minister announced last week that employers should be taking the illness seriously and said those suffering will get statutory sick pay (SSP) from the first day off work. The change, which is being introduced in emergency legislation, is expected to mean an extra £40 for people receiving SSP – which is set at £94.25 a week and paid by employers.

The aim of this new legislation regarding payment of statutory sick pay from day one is to ensure people with coronavirus do not feel financial pressure to come into work and risk spreading the disease.

HEALTH AND SAFETY – Louise Plant, head of personal injury

Employers should take steps such as providing staff with sanitizing hand gel or wipes and take measures to ensure that good hygiene is enforced across the business as far as possible.

It goes without saying that if any employees were scheduled to travel to affected regions that steps are taken to consider postponing those visits.

If you are aware that you have a pre-existing illness or condition that makes you more vulnerable then you should flag this up to your employer, in particular if there is a heightened risk within the business.

If an employer is put on notice that one of their employees is more vulnerable and that there is a heightened risk that the coronavirus could impact upon their employees, then they should undertake a risk assessment accordingly. This will take into account employees’ vulnerabilities and take all necessary steps and precautions to reduce the risk as far as possible to prevent the spread of the virus.

What if you’re returning from holiday abroad?

Consider what evidence (e.g. travel documents, doctor’s letter etc.) you may require to reduce possible abuse. In the event staff become ill whilst in quarantine then their absence can then be treated as sick leave and the usual notification and certification requirements will apply.

For workers who become ill while on holiday, remember that they have the right to convert holiday to sick leave, enabling them to take the holiday at another time. Employers should ensure they have robust holiday policies in place which give them some control over when the holiday can be taken and avoid potentially damaging interruption to business operations.

Business contracts – Graham Mead, Partner

When it comes to contracts it is unlikely there would be a clause that covers a pandemic. However, a Force Majeure clause may be in place, which looks at an unavoidable catastrophe that has the potential to interrupt any expected course of events.

The coronavirus might come under the Force Majeure clause. This would give the parties involved the chance to be excused from carrying out the terms of a contract or to revise it in order to reflect current events. The clause itself will define what qualifies. For example, it could list pandemics, epidemics or similar health emergencies.

If such a clause does cover the current coronavirus situation, then a business would need to take the appropriate steps to invoke the clause under the contract and to also understand what this would mean. Sometimes the clause may mean the contract is suspended, liability may be excused, extensions of time may be granted, or the parties have the right to renegotiate or terminate.

If you are affected by the coronavirus, you should check your existing contracts now. If you are entering into a new contract that may be affected, you should draft its terms clearly to cover the outbreak.

For more information regarding travel please see below:

If employees have returned from one of the at risk destinations, it is necessary to consider did that employee return to work and therefore come into contact with other people in the workplace? Is there a risk that they may have passed the virus on?

If so, guidance should be sought from the NHS or the government.

https://www.gov.uk/guidance/wuhan-novel-coronavirus-information-for-the-public