As the news of the spread of possible pandemic Covid-19 (coronavirus) continues, employers will no doubt be considering what their legal obligations are. We’ve rounded up some of the most useful current answers to employer’s questions, caveating this with the obvious - things are changing on a daily basis.

It may well be a sensible precaution, where possible, to close offices and ask staff to work from home if any employee seeks testing for any symptoms until the employee in question has a negative Covid-19 test.

Law firm Baker Mckenzie, Chevron and other Canary Wharf offices have done this, with other firms asking staff who have recently travelled to the most impacted regions, either on business or leisure, to work from home for 14 days.

Employers are reminded to continue to closely monitor the situation and follow advice and guidance issued by the government and Public Health England. Updates are being released at 2pm each day.

If an employee self-isolates, do they qualify for SSP?

Update: Prime Minister Boris Johnson has announced on 4 March that workers will get statutory sick pay from the first day off work, not the fourth, to help contain coronavirus.To receive statutory sick pay (SSP) people must be earning at least £118 a week.

After Matt Hancock, Health Secretary, suggested that people who are in precautionary self-isolation (i.e. are not yet showing symptoms) are covered by SSP and ought to be paid sick pay, this thorny issue was debated by employment barrister’s Daniel Barnett and Emma Ahmed of Hill Dickinson.

Their current conclusion is that if someone self isolates does so when given a written notice (usually by a GP, or 111) they are deemed in accordance with the Regulations to be incapable of work and therefore entitled to statutory sick pay.

Anyone merely ‘choosing’ to self-isolate, or does not have a written notice, is not entitled to SSP.

However, note the following good practice that Daniel Barnett has circulated (again with the caveat it is not legal or medical advice just general legal guidance).

Covid-19 Employment Guidance

How can we reduce the risk to our employees?

The risk level is currently identified as moderate. Employers should send round an email/guidance encouraging employees to be extra-vigilant with washing their hands, using and disposing of tissues etc. If you have the capacity to do so, it may be worth designating an ‘isolation room’ where an employee who feels ill can go and sit away from the rest of the company and privately call ‘111’ before taking any further necessary action.

If an employee is not sick but is in quarantine or self-isolation, do we have to pay them sick pay?

There is no legal right to sick pay in these circumstances (see above), but it would be good practice. Otherwise you run the risk of them coming into work and potentially spreading the virus to the rest of the workforce.  There is also a risk of an argument that - by choosing not to pay someone who has self-isolated - you have breached the implied term of trust and confidence and hence constructively dismissed them.  Barnett suggests that he thinks such an argument is weak, for all sorts of reasons.

What if employees do not want to come to work?

Some people may be worried about catching coronavirus and therefore unwilling to come into work. If this is the case you should listen carefully to the concerns of your employees and if possible, offer flexible working arrangements such as homeworking. Employees can also request time off as holiday or unpaid leave but there is no obligation on employers to agree to this. If an employee refuses to attend work, you are entitled to take disciplinary action.  However, Barnett’s view is that dismissal is likely to be outside the range of reasonable responses, at least for now.  If someone refuses to come into work and the COVID-19 issues continue into the medium term, his view might change.