Coronavirus (Covid-19) Update
22nd May 2020
Do employees have a right to be notified if a colleague has suspected or diagnosed Covid-19?
No, there is no specific right. As the employer, you owe the colleague a duty of confidentiality and data privacy obligations which would ordinarily mean that you should not disclose details about their health. However, you have a duty of care and statutory health and safety responsibilities towards your other employees. Try to balance these obligations by warning individuals who have been in contact with any suspected or confirmed case of Covid-19 without revealing the name of the colleague and, if that is not realistic, do not reveal any information any more widely than necessary.
The school should also remind staff of confidentiality and data privacy obligations if a child is suspected or diagnosed with Covid-19.
How can you avoid discrimination in your return to work plans?
First, check that your return to work plans don’t disadvantage certain protected groups, e.g. that your arrangements for moving around the building don’t disadvantage the disabled and that any proposed changes to hours don’t disadvantage women or those observing Ramadan. Consider the impact on protected groups in practice, even if the reason for the impact is unclear. If you identify any disadvantage, consider what adjustments could be made. If your proposed plans are a proportionate means of achieving a legitimate aim, and there are no realistic less discriminatory alternatives, any discriminatory impact will be justified.
Secondly, many individuals who are classified as vulnerable to Covid-19 will also qualify as disabled within the meaning of the Equality Act, and your duty of reasonable adjustments may require you to transfer them into safer alternative work or even allow unpaid leave.
Finally, the most complex issue relates to the links between vulnerability and age, gender and ethnic origin. The government guidance refers to employers involving and communicating appropriately with workers whose protected characteristics might “expose them to a different degree of risk”. It’s unclear who this relates to, but it might include older men and BAME workers ( Black, Asian and minority ethnic) based on the emerging reports about the impact of Covid-19. This raises a difficult issue for schools. On the one hand, you want to ensure that you are not indirectly discriminating against any group, however, if you prioritise certain groups for safer work you could face direct discrimination claims from other groups. Employers need to keep the medical evidence and government guidance under review but should currently try to avoid making decisions purely on the basis of protected characteristics, except in relation to extremely vulnerable and vulnerable groups.
The information regarding discrimination in the current climate may sound complex but should be considered to avoid unnecessary potential issues. Please contact your HR Consultant, if you wish to discuss this further.
If an employee is self-isolating is their pay affected?
The current Government guidance for self isolation is:
If you have COVID symptoms you must self isolate for 7 days
- If a member of your household has symptoms you all household members must self isolate for 14 days
- for anyone else in the household who starts displaying symptoms, they need to stay at home for at least 7 days from when the symptoms appeared, regardless of what day they are on in the original 14 day isolation period.
- Should a household member develop coronavirus symptoms late in the 14-day household isolation period (for example, on day 13 or day 14) the isolation period does not need to be extended, but the person with the new symptoms has to stay at home for at least 7 days.
If you develop symptoms a second time after being tested for coronavirus and your first illness was so severe you were prioritised for a coronavirus (COVID-19) test and the result was positive, you will probably have developed immunity to coronavirus (COVID-19). Your new symptoms are very unlikely to be due to coronavirus (COVID-19) and therefore you and your household do not need to isolate.
If the employee is not ill but meets the criteria for self-isolation then the national conditions of service which relate to being prevented from attending work due to possible contact with infectious disease shall apply. The employee will receive full pay for their contracted hours, subject to providing full information to the Headteacher/manager, for the duration of the advised self-isolation. This applies to school employees employed under NJC for Local Government Conditions of Service and to Teachers employed under School Teachers Pay and Conditions Document (Burgundy Book).
How should I respond if an employee tells me that they are not prepared to engage in any planning for a phased re-opening?
It is important to recognise that the current situation may be causing stress and anxiety for members of the school community. Our initial advice is to talk to the employee to get a thorough understanding of their concerns and try to reassure them. If the employee still refuses to engage with the planning process which is required as part of their role and responsibilities, you should contact your HR Consultant for further advice. These matters will be discussed in detail and advice provided on a case by case basis.
Sickness absence
If an employee has COVID-19 can they work from home?
An employee with COVID-19 symptoms must self-isolate and stay at home. However, if the employee’s symptoms are mild and they feel able to work at home then they can do so.
Does an employee need to provide a fitnote (sicknote) if they have COVID-19?
An employee can self-certify for the first 7 days of the illness. On the 8th day, if they continue to have COVID-19 symptoms, they are required to provide the School with a ‘self-isolation notes’ from NHS 111 which can be done online.
How do I deal with sickness absence related to COVID-19?
At present, our advice to schools is to record any COVID-19 related absence separately. Given the exceptional circumstances, we advice that schools should suspend targets or triggers in occupational sickness policies for any absences connected to the virus.
How do I deal with sickness absence, during this period, that is unrelated to COVID-19?
If an employees is unable to work due to illness that is unrelated to coronavirus, the School’s usual sickness absence policy and procedure applies. I you have any such cases and you have not spoken to your HR Consultant about this case then please get in touch.