COVID-19


Does an employer have to pay the employee their full salary if for example they are a front line worker and cannot fully do the role from home? This depends on the exact situation but generally an employer is obliged to pay its employees for the work that they do.


Lay-offs (where an employee is asked to stay at home unpaid for a temporary period) and short-time working (where an employee is asked to work less than their regularly contracted hours) may both be used. However, there must be express, correctly-drafted clauses in the original employment contracts for this to happen.


I live with an elderly, vulnerable person and don’t want to risk them catching coronavirus. What are my work from home rights? If you are able to carry out some or all of your responsibilities working from home, then it is likely to be considered reasonable for your employer to facilitate this in order to protect the person you live with.


If, however, you are unable to work from home, then an agreement for taking time off as holiday or unpaid leave might be considered more reasonable. Regardless, you should begin by having an open discussion with your employer. All organisations are having to respond dynamically to these exceptional circumstances, and are being encouraged by government and industry bodies alike


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to exercise caution and act morally and ethically.


What health and safety duties do employers have? Employers have a duty to take reasonable care of its employees’ health and safety in the workplace. This obligation means that employers must ensure that the workplace is safe for employees to work in.


In the current coronavirus pandemic, we recommend employers:


• Send guidance to staff on the best ways to stop the spread of the virus


• Provide tissues and hand sanitisers for staff to use


• Monitor whether work- trips to areas hit by the virus should proceed


• Ensure that anyone who comes back from an infected area does not come in to work if they are symptomatic


• Consider the safety issues of ‘high risk’ individuals such as the older people, those with underlying medical conditions and pregnant women


Self-isolation – is this always necessary? It is a matter for each employer whether they ask employees to self-isolate or not in this situation. If the employer chooses to ask employees to stay at home for the 14-day incubation period, then the employer will need to consider what pay may be owed during this period. If the employee is able to work from home, then the employer will


be able to pay as normal. If working from home is not an option, then, the employer will need to be aware that it could be liable to pay normal salary if the employee is well enough to work but the employer does not wish them to attend work.


Can employers ask their employees to work from home and what if they refuse? If Government guidance changes and mass movement of people is prohibited/ not recommended then employers can ask employees to work from home. Employers should make clear that it is on a temporary basis and only whilst the employer thinks it is in the best interests of the employees during the coronavirus outbreak. If employees refuse to work from home then an employer should proceed with caution and it is advisable to discuss their concerns, reassure them on the measures being taken but ultimately to remind them that they could face disciplinary action if their continued refusal to work from home is unreasonable.


In an employment contract, there is an implied term that employees should follow lawful and reasonable instructions. An employment contract sets out that an employee will carry out the required tasks and, in return they will receive payment from the employer. However, failing to carry out reasonable instructions, including a request to work from home, could result in disciplinary action.


Direct Commerce | www.directcommercemagazine.com


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