April 2020

concerns about the virus, particularly if they belong to a group at higher risk of complications, like those with existing medical conditions or the elderly. In such cases you should offer flexible solutions such as working from home if possible. Alternatively, although there is no legal obligation to do so, you could offer the time away from work as a holiday or unpaid leave. Ultimately, there is no obligation on an employer to allow an employee to stay away from work and, if the non- attendance causes issues or extends beyond an emergency precaution, then an employer is entitled to take disciplinary action. As things stand at present it is still fairly unlikely that workshops will have to close as a result of the virus, but it’s a potential risk and organisations should have contingency plans in place including: Making sure that employees will be able to get in touch with the employer and any other members of staff they need to liaise with Ask employees who can work from home to take mobile, tablets and mobile phones home with them It may pay organisations to review any supply contracts they have to understand the implications of their business activities being interrupted by the virus or government advice, with the position on whether insurance would cover COVID-19 losses remaining unclear. No time to be divisive While workplace concerns understandably focus on the health of employees, it’s important that no members of staff, customers or suppliers are treated differently because of their race or ethnicity. Even jokes or banter can overstep the mark and could lead to claims for unlawful harassment or discrimination, for which an employer may be liable. To avoid liability, it’s up to the business to prove they have taken ‘all reasonable steps’ to prevent such behaviour. This includes having well publicised diversity and harassment policies and offering training to all members of staff. Managers must also be trained about their responsibilities and how they can spot discriminatory behaviour. www.wrighthassall.co.uk APRIL 2020 AFTERMARKET 55 www.aftermarketonline.net Disseminate information across management on issues such as sick leave and sick pay and the procedures to follow if an employee develops symptoms of the virus Ensure that facilities for regular and thorough washing of hands are in place, including hot water and soap Dispense hand sanitisers and tissues to employees Weigh up the pros and cons of supplying protective face masks to employees who may be working in particularly high-risk scenarios Given the advice around handwashing and the length of time suggested to do it properly, businesses should advise their employees to wash their hands thoroughly and let them know they will not be penalised for the extra time taken. Obviously, in a garage, technicians in the workshop will be washing their hands as a matter of routine, but you may need to remind those in front-of- house customer facing roles, as well as those dealing with parts. Ultimately it is these members of staff, who may not be washing their hands as regularly under normal circumstances, who may need extra time allotted. What to do if an employee becomes unwell If an employee exhibits the symptoms of the virus, they should be removed from the proximity of other employees, placed in the designated ‘isolation room’ and encouraged to follow precautions such as avoiding touching any surfaces, coughing or sneezing into a tissue and disposing of it immediately, using a separate bathroom if one is available. The employee when calling NHS 111 should be advised to give the operator the following details: Their symptoms The name of any country they’ve returned from in the past fortnight Uncertainty over the seriousness of the virus, the exact nature of the symptoms and concern about the situation regarding issues such as sick pay may lead to some employees coming to work despite having contracted the virus, without necessary feeling unwell. If this does happen, then an employer should contact the local Public Health England (PHE) health protection team and they will discuss the details, identify anyone who has been in contact with the employee in question, carry out a risk assessment and outline any precautions which should be taken. Position on sick pay If an employee takes time off work because they have the virus then the legal situation regarding sick pay is the same as it is with any other illness, however the employee is now entitled to statutory sick pay from the first day. The government has stated that if NHS 111 or a doctor advises an employee or worker to self-isolate then they should receive any statutory sick pay due to them or contractual sick pay if this is offered by the employer. An employer also needs to demonstrate flexibility on issues such as the fact that an employee who is self-isolating may not be able to get a ‘fit-note’. In some cases, working from home may be a suitable alternative for those in self-isolation, but for the vast majority of those working in and around garages, if they can’t attend their place of work then they will be unable to do the job. In some cases, an employer might prefer an employee not to come into work, if they’ve returned from a high- risk area for example and in these circumstances the employee should receive their usual pay. Employees may be reluctant to come into work due to general Below: Remember that there are many small interactions between customers and staff Tina Chander is a Partner and Head of the Employment team at Midlands law firm, Wright Hassall and deals with contentious and non- contentious employment law issues.

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