Constantine Law was founded by John Hayes, one of London’s leading employment lawyers. John advises UK corporates in the financial services, employment agencies, retail and construction sectors. John has put together the answers to your Covid-19 Employment Law Questions.

You can visit the Constantine Law website here www.constantinelaw.co.uk/

(Note: We are keeping this guidance as simple as possible. If the reader wants the specific (SSP etc) regulations to which any of the guidance below relates then please ask us).

Other useful links:

www.nhs.uk/conditions/coronavirus-covid-19

www.gov.uk/government/organisations/public-health-england

www.acas.org.uk/coronavirus

www.businesssupport.gov.uk

  1. WHEN IS SSP PAYABLE? following an announcement in the Spring 2020 Budget, the SSP deemed incapacity rules have been extended and covers those:
  1. FROM WHEN IS SSP PAYABLE? The Coronavirus Act 2020 provides for SSP to be payable from the first day of sickness absence and that small employers (fewer than 250 employees) will be reimbursed for any SSP paid to employees in respect of the first 14 days of sickness related to COVID-19.
  2. WHEN IS CONTRACTUAL SICK PAY PAYABLE? In principle, for all the circumstances when SSP might be payable. Check the contract to see what is payable.
  3. WHAT ABOUT CONTINGENT PAY ARRANGEMENTS E.G. SALES COMMISSION? This will be paid according to the terms of the contract. In most cases, no sales=no commission. This may result in some financial hardship for certain employees.
  1. WHAT “SICK NOTES” DO WORKERS NEED TO PRODUCE? By law medical evidence is not required for the first 7 days of The government strongly suggest that employers currently use their discretion around the need for medical evidence. The Government has launched an isolation note portal (here) for those with symptoms of COVID-19 or living with those who do.
  2. CAN AN EMPLOYER SEND AN EMPLOYEE HOME TO SELF-ISOLATE? Yes (health & safety considerations/ wider duty of care).
  1. AT WHAT POINT SHOULD AN EMPLOYER CLOSE THE WORKPLACE?
  1. IF AN EMPLOYER CLOSES A SITE/OFFICE, WHAT PAY ARE EMPLOYEES ENTITLED TO?
  1. WHEN DOES THE CORONAVIRUS JOB RETENTION SCHEME ALLOW US TO FURLOUGH WORKERS?
  1. WHAT ABOUT AN EMPLOYEE REFUSING TO ATTEND WORK OUT OF FEAR OF COVID-19?
  1. WHAT ABOUT SOCIAL DISTANCING AND VULNERABLE WORKERS? The government has issued social distancing guidance for older and vulnerable people and Shielding guidance for extremely vulnerable To require these groups to work could amount to a breach of the employer’s duty of care to the employee and a breach of the implied term of mutual trust and confidence. These employees (who may be required to do social distancing for many months) are potentially entitled to SSP (or contractual sick pay) but SSP may not be affordable for employees in the long term. It is unclear if it is possible to furlough these employees.
  2. WHAT ABOUT EMPLOYEES (OR FAMILY MEMBERS) WITH UNDERLYING HEALTH CONDITIONS? The Equality Act 2010 (“EQA”) continues to This means:
  1. WHAT ABOUT EMPLOYEES ACTING IN BREACH OF GOVERNMENT OR EMPLOYER’S GUIDANCE? Employers may wish to reinforce government guidance and could then potentially take disciplinary action against employees who act in breach.
  1. WHAT ABOUT AGENCY WORKERS OR CASUAL EMPLOYEES BEING SENT HOME?
  1. WHAT IF SICK PAY (AND OTHER) SCHEMES NEED AMENDING? The normal rules around variation of contract apply:
  1. WHAT GUIDANCE SHOULD EMPLOYERS BE ISSUING ABOUT WORKING FROM HOME? The usual rules apply (in terms of policies and policies and procedures) but especially prevalent are adherence to:
  1. WHAT IS EMERGENCY VOLUNTEERING LEAVE?

The Coronavirus Act 2020 allows employees of businesses with 10 or more staff to take one period of leave (of 2, 3 or 4 weeks) during which they will leave their main job and volunteer temporarily in the NHS or social care sector. An employee must provide the employer with 3 working days’ notice and produce a certificate issued by an appropriate authority. There is no right to payment during this period but the employee is entitled to return to their job.

Updated 26 March 2020

See www.constantinelaw.co.uk for further information or contact John Hayes or Alan Lewis at Constantine Law on (0)203 696 8230. www.constantinelaw.co.uk   E: mail@constantinelaw.co.uk T: 44 (0)203 696 8230

Constantine Law is a limited company registered in England & Wales, number 09374849. Constantine Law is authorised and regulated by the Solicitors Regulatory Authority, number 621097.

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