Coronavirus: what employers need to know

With coronavirus (COVID-19) continuing to spread (at the time of writing, cases have been reported in 25 countries outside China), and the UK Government having declared it a ‘’serious and imminent threat’’ to the British public, employers cannot afford to be complacent about their obligations. This is not completely unchartered territory since many employers will have put in place protocols for the SARS outbreak of 2003 or the swine flu pandemic of 2009. However, every virus behaves differently and how rampant this one turns out to be remains to be seen. With this in mind, UK employers should already be taking action on the following issues.

Duty of care and health and safety

Employers have a duty of care to protect the physical and mental wellbeing of their staff. In relation to coronavirus, this duty of care will play out differently for those in China at the time of the outbreak (for either work or personal reasons), those who are usually required to travel to China, and those employees back in the UK. Government guidance (which is updated daily) should be consulted and followed at all times:

• Suspend work trips to China - current UK Government guidance advises against all travel to the Hubei Province (the origin of the outbreak), and against all but essential travel to mainland China. It would be advisable to adhere to this guidance until it changes. Meetings with those located in China should be held by Skype or alternative means where possible.
• Personal travel to affected regions – Employees could request that employees inform them of any personal travel plans to China (and other countries that may become seriously affected). Should employees decide to travel to such regions, the employer could stipulate that they may have to self-isolate on their return in accordance with any Government guidance.
• Remote working - Given the potentially severe consequences of the virus, employees returning from China should be asked to work remotely for 14 days after their return to prevent its spread in the workplace. Currently, the incubation period is thought to be 14 days but Government guidance should be consulted in case this changes.
• Medical tests - Unwell employees who have recently had contact with China should be asked to take a medical test for coronavirus and not permitted to return to the office until they have been given the all clear. Employers may offer to meet or subsidise the cost of this test at their discretion.
• Employees with existing medical conditions – coronavirus poses a greater risk to vulnerable employees, such as those who are pregnant or who have pre-existing medical issues. Employers should consider allowing a period of remote working for such employees, particularly if the UK Government raises the severity of the threat level.

Employee communications

Communications with employees should be co-ordinated and joined up (preferably by individuals charged with being up to date on relevant guidance) to avoid misinformation being spread or knee-jerk reactions to news stories.

Where arrangements are made for affected employees to work from home, this should be communicated to colleagues in a sensitive and low-key way. It should be made clear that the remote-based employee remains fully contactable and operational. Managers should ensure that employees are not excluded from work opportunities or otherwise treated less favourably. Remote working employees should have the same access to information as if they were based in the office.

Mobility

Guidance is being prepared by UK Visas and Immigration in relation to the mobility-related considerations of coronavirus. This guidance should be consulted, especially in relation to any employees whose leave to remain in the UK will soon expire, but who are prevented from returning to China (see guidance).

Pay

Employees who are asked to work remotely on a temporary basis, either because they have recently returned from China or because they are deemed to be more susceptible to catching the virus due to pre-existing medical conditions or pregnancy, should be paid in the usual way.

If any employee tests positive for coronavirus, they will need to take time off sick and their entitlement to sick pay will be regulated by the employment contract. If there is only entitlement to statutory sick pay, employers may in the circumstances wish to offer enhanced sick pay on a discretionary basis.

Permanent Establishment and Tax

If any employees ordinarily based in the UK remain stuck in China and are unable to return to the UK, immigration (and possibly tax) advice may need to be sought. Employees should not breach the terms of any visa, for example by working when they travelled to China for a holiday, or by exceeding the terms of any business visa, Employers who do not have a presence in China should consider taking tax advice (both locally and in the UK) in order to assess the risk of creating a permanent establishment for corporation tax purposes through the employee working from there.

Discrimination and Harassment

Employers should remain alive to the possibility that allegations of race discrimination and harassment might arise in unusual contexts. For example, there have been reports in the media of members of the public shunning Chinese people for fear they are contagious. Any instances of employees of Chinese ethnic origin being targeted should be investigated immediately and all employees reminded of diversity, anti-harassment and respectful workplace policies in place.

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