KEEBLES LLP HERE TO HELP


Law in a Time of Coronavirus


In each issue, Yorkshire law firm Keebles LLP shares its key advice for care home professionals. This month, Keebles' Head of Employment Law Catherine Wilson advises care home owners of the employment law issues surrounding employees during the Covid-19 outbreak.


The Government announced the Coronavirus Job Retention Scheme on 20th March 2020. In summary,


companies can furlough employees and apply


for a grant from the government that covers 80% of their usual monthly wage of up to a maximum of £2,500 per month. The scheme is designed to help employers whose operations have been severely affected by coronavirus to retain their employees and protect the UK economy.


With care homes under increasing pressure it may seem unlikely that many will use the Coronavirus Retention Scheme and furlough any member of staff. However, all employers are eligible to claim under the scheme and the government recognises different businesses will face different impacts from coronavirus.


In the care home environment many employees may have other responsibilities arising from coronavirus. Some employees may be able to be furloughed. If an employee has been asked to ‘shield’ in line with government guidance because they are in a high-risk category or need to stay at home with someone who is shielding - then these employees can be furloughed.


If a member of staff is concerned that they have symptoms of coronavirus then they must be encouraged to follow the NHS guidance. If they are advised to self-isolate at home, then they should follow the stay at home guidance. Employees and workers must receive Statutory Sick Pay (SSP) if they are having to self-isolate because either they have coronavirus, they have coronavirus symptoms or someone in their household has coronavirus symptoms.


SSP will now be given from day one of isolation. Some employers might offer more than SSP, which is known as contractual sick pay. Employees should check their employment contracts for more information on what their sick pay entitlement is.


“Where measures such as


social distancing and workplace adjustments are not feasible,


employers will need to provide employees with Personal


Protective Equipment so that jobs can be carried out safely.”


Employers have a duty to follow government guidelines and risk assess any hazards arising from COVID-19, it is therefore vital employers consider all procedures to keep employees safe. Where measures such as social distancing and workplace adjustments are not feasible, employers will need to provide employees with Personal Protective Equipment so that jobs can be carried out safely.


Media attention has recently focussed on the reliance of the care home sector on overseas workers from the EU and wider afield. The government has since released updated guidance on immigration to facilitate the continued employment.


For employees in the UK whose visa is due to expire before 31st May 2020, steps can be taken to secure a visa extension until 31st May 2020 if the individual ‘cannot leave the UK because of travel restrictions of self-isolation related to COVID-19’.


www.keebles.com - 8 - www.tomorrowscare.co.uk


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