COVID-19
What happens if employee’s productivity falls below the required standard Home workers will need an element of self-discipline as they get used to their new home working setup, and employers should exercise some flexibility in these exceptional circumstances. However, if an employer feels that their employee’s performance is particularly poor while working from home action can be taken. The employee may be subject to a performance management review, and will be asked to provide examples of the expected and completed work.
Poor performance does fall under the ‘fair’ categories for dismissing an employee, however employers must be able to demonstrate an honest and reasonable belief in an employee’s incapability to do the job to the level required, which can be a long process.
What to do if an employee has coronavirus If an employee has coronavirus then the business’ usual sickness absence policy will come into effect. All
employers should have an effective sickness absence policy, which will help them manage workplace absences consistently and effectively.
Ahead of any further spread of coronavirus, it is recommended that employers should remind their employees of the required standards of attendance and what is expected from them. This is also a good opportunity to remind workers of hygiene standards and other policies of the business.
Businesses should also consider implementing an infectious diseases strategy which details the Company’s response to the spread of infectious diseases. This will safeguard a business from any similar future outbreaks.
How should a business communicate a coronavirus case to its workforce? If a business does have a confirmed case of coronavirus, it should inform the rest of the workforce, however it must withhold the employees’ identity under UK data protection law.
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A worker’s personal health data is ‘special category data’, and therefore must be omitted from any communication with the rest of the workforce. A business is able to let employees know the geographical location of the confirmed coronavirus case, it cannot provide any details that would allow the individual to be identified.
Legal implications of getting it wrong Where an employer overacts or goes against the current guideline outlined by the PHE, it could face claims of constructive dismissal or even race discrimination (harassment and/or indirect discrimination and/or direct race discrimination).
Final thought Coronavirus does not have a cure and there is a lot of fear amongst the population as a whole. Employers should keep a close eye on government guidance and be prepared for staff having to work from home and look after young children, or care for sick loved ones, in addition to themselves.
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