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Employment Update for Small Businesses
July 2009
Dear Reader,
 
With all the media hype about the swine flu pandemic, I have found that some employees are starting to panic about the potential for picking up the infection at work - particularly pregnant women.  I have, therefore, dedicated this month's newsletter to some practical advice for employers that should help you manage employee concerns in a positive and constructive way.
 
I am grateful for the many good wishes I have received from newsletter subscribers in response to last month's good news.  I will replace my boring old picture (below) in my August newsletter with one of me in my cap and gown when I get it back from the photographers!
 
Please contact me if you would like to find out a bit more about handling swine flu concerns.  If you need any help or advice why not take advantage of my free initial consultation.
 
Please forward this email to any of your contacts who might find it of benefit. 
 
Holly
Regards
 
Peter Etherington
Tel: 01664 430373
Swine Flu: Practical Advice for Employers
Recent Developments
  • There will be 100,000 new cases of swine flu per day by the end of next month (according to the Health Secretary, Andy Burnham)
  • It is likely that GPs will soon cease to issue sick notes for absences of less than 14 days.  Instead employees will be able to self-certify for up to 14 days to qualify for statutory sick pay rules.  It is proposed that these rules would be in place for a minimum of six months.
  • Conflicting and confusing advice has been given to pregnant women and those considering becoming pregnant.  Official Department of Health advice is that pregnant women should just take the normal hygiene precautions (washing hands, etc.)  But other sources of official advice have varied from advising against getting pregnant at the moment to avoiding crowded places if pregnant (such as busy workplaces)
What has this to do with employment?
Key concerns for employers
1. High sickness absence levels 
If swine flu spreads via the workplace, an employer could find that many of its employees go off sick at once.
 
2. High absence levels associated with swine flu
Some employees may need time off to care for sick relatives or to collect medication for them (as per government advice).

3. Keeping staff healthy
Employers have a duty of care towards their workforce and must provide a safe workplace.  
 
4. Pregnant employees
Employers must carry out risk assessments in relation to pregnant employees and suspend them on full pay if they face risks to their health and safety in the workplace, unless the risks can be removed or unless their duties can be altered temporarily in order to avoid the risks.
What should employers do?
10 Practical steps employers should consider
1. Set up good hygiene practices in the workplace.
Provide hand gel dispensers; boxes of tissues and lidded bins.  Ensure regular cleaning of door handles, telephones, keyboards, etc.  Tell employees that they need to comply with the increased hygiene measures.
 
2. Provide information.
Put up notices for staff and visitors about the need for good hygiene and to inform them of the additional hygiene measures.  Provide information to staff about swine flu - this is readily available from the NHS and from the Directgov website (and is regularly updated).
 
3. Encourage employees to stay away from work at the first sign of flu symptoms.

4. Prepare contingency plans in the event of high absence levels. 
Establish "skeleton staff" procedures.  Prepare light-touch and flexible management structures and cover arrangements in case of high numbers of senior staff going off.
 
5. Remind employees of sickness notification procedures...
...and ensure they are enforced rigorously.

6. Consider cancelling employees' booked holiday if absence levels increase.
But minimum periods of notice would apply, and claims could be made by employees for holiday cancellation costs

7. Consider whether it is possible for some employees to work from home.
Whilst current official advice is that employees should continue to go to work when a family member is infected, some employers may prefer to try to keep them away, particularly if they have pregnant staff members who may be nervous of contracting swine flu
 
8. Encourage employees to notify management if they have regular contact with an infected individual. 
Where possible, employers could arrange working practices/premises to avoid contact between those likely to contract swine flu (although this needs to be approached sensitively in order to avoid claims of victimisation/harassment).

9. Consult with employees before you have your first case of swine flu.
It is always easier and more effective to make plans and prepare for this sort of event in advance rather than fire fight when it hits.  Discuss with staff the current advice and make it clear that only employees with symptoms of swine flu need stay away from work.  Remind them of absence procedures (sickness absence, holiday booking, time off for dependants, etc).  Seek their views over any particular concerns.  If employees are still concerned, it may be possible to arrange working hours so that those who live with someone infected with swine flu do not work at the same time as others; or provision of face masks could be considered (as is the official advice currently in Australia and New Zealand in relation to pregnant women!)  
 
10. Carry out risk assessments for pregnant employees.
Current advice is that pregnant employees should continue to go to work, so it is unlikely that an employer would need to suspend a pregnant employee on medical grounds, even if she has a colleague who lives with someone infected with swine flu.  But the employer should look at each case on its own merits and keep in touch with official advice in case of any change.
 
Contact me if you would like to discuss these issues further

Peter Etherington Employment Law Services
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