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Many businesses have had to close during the COVID-19 pandemic, meaning staff have had to work from home. There have also been times when there has been no lockdown, but government guidance requires staff to work from home. Since the rules regarding COVID-19 constantly change, this article provides a general outline of what you as an employer need to know about the staff coming into work during the pandemic in England.
Working From Home
Completing work from home has become a norm for many businesses. Changes to the law and health regulations have meant that many businesses have reverted to work-from-home models.
Currently, the law allows all workplaces to remain open. In England, your staff no longer need to work from home. However, if you are an employer in Wales, the Welsh Government still recommends that they work from home wherever possible.
When Should My Staff Self-Isolate?
The guidance on when to self-isolate has changed throughout the pandemic. As an employer, you should know the current advice to ensure you are compliant with the law.
Currently, in England, your staff do not have to self-isolate if they test positive for COVID-19. However, they should remain at home and avoid contact with others for at least five days per the government’s advice. If your staff are not vaccinated and have come into contact with someone who has tested positive, they do not need to self-isolate. Additionally, employees who are fully vaccinated and have come into contact with someone who has tested positive do not need to take a test for seven days.
If you are an employer in Wales, the situation is slightly different. Where your workers test positive for coronavirus, they must self-isolate. If your staff do not self-isolate, they could face fines. The Welsh government has also published specific information about working during the pandemic.
Your staff may also have to self-isolate after travelling outside the UK. Accordingly, you should check the rules for England and Wales to see if this applies.
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What if Your Staff Have Coronavirus While at Work?
If one of your employees tests positive for COVID-19, they must follow the relevant self-isolation rules. As an employer in England, this will depend on what you decide in your workplace policy. Alternatively, as an employer in Wales, your workers must self-isolate if they test positive. You will also have to determine which of your staff have had close contact with the person who has tested positive. This will determine if more staff should stay at home.
What if Your Staff Have to Self-Isolate?
When your staff must self-isolate, you should continually support them when working from home. As we all know, self-isolation can affect a person’s mental health and wellbeing. For this reason, you should reach out to your employee and support them during their isolation period.
If your staff are too unwell to work from home, you should treat them as if they are sick. That is to say, you should pay your employees their usual sick pay. If you require your staff to give you proof that they must self-isolate, you can ask them to obtain an isolation note from the National Health Service (NHS).
Sick Pay and Self-Isolation
If your staff cannot come to work due to self-isolation, the law may entitle them to Statutory Sick Pay (SSP). You should pay SSP for each day they are away from work where:
- your employee is away from the workplace for a minimum of four days consecutively, including days they do not usually work; and
- they or someone they live with test positive for COVID-19 or the NHS test and trace service requires them to isolate.
Key Takeaways
As an employer, you must follow the law when your staff cannot come to work due to the COVID-19 pandemic. The rules for England and Wales vary, so you should keep yourself informed. Where your staff cannot come to work due to COVID-19, there are circumstances where you should treat them as though they are absent from work due to sickness. Therefore, any entitlement to Statutory Sick Pay will apply. There are also times when you will have to decide whether your staff should come to work. Having a policy on coronavirus and the workplace is good practice as this can guide you and your staff.
If you need help understanding working from home requirements in England and Wales, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
The law regarding whether your staff can or cannot come to work due to the pandemic can vary depending on whether you are an employer based in England or an employer based in Wales. Therefore, you should check with your government what their current advice is.
Where your staff usually are entitled to Statutory Sick Pay, you may be required to pay them, especially where they have to self-isolate due to the pandemic. There are specific circumstances where this applies. However, from 24 March 2022, the rules for employers in England will change.
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