Flu in the workplace

Managing staff absence

As the spread of the flu virus accelerates it is more important than ever for Employers to keep themselves updated on what their businesses can do to lessen disruption to trade and to manage staff absences.

This article has been prepared at a time when newspaper headlines warn that we are on the brink of an epidemic and of the very real problems the combined impact the flu bug and noro virus, the sickness bug, is likely to have.

Sensible workplace measures

Employers are under a duty to provide safe working conditions for their employees and a few simple but effective measures taken now would be prudent. Simply put, like any other flu virus, the spread can be restricted by simple hygienic precautions, namely washing hands, deterging common work surfaces and using disposable tissues.

Keeping staff informed and maintaining a flexible and reasonable approach is key.

The NHS has provided an online information sheet and Employers are recommended to download the detailed guidance for action in the workplace.

'Prevention is better than cure' and it would seem appropriate to have warning signs in toilets and kitchens reminding staff of basic hygiene rules. The provision of an antibacterial hand wash would also be prudent.

It would also be wise, from a health and safety point of view, to create a Risk Assessment of the likely exposure to staff, customers and clients within the workplace and to clearly set out the perceived degree of risk, and record the preventative measures which are in force.

Importantly, Employers should be prepared to be flexible when dealing with the current situation.

Latest statistics show that the Government anticipates a ground swell of affected sufferers as the Christmas and New Year breaks end and schools re-open. This is not particularly surprising since a large part of the population will have been in close proximity to each other during this period.

It would be wise to keep abreast of Government advice and communicate this to staff, including emailing any bulletins to them.

Staff Absence

Undoubtedly high levels of staff absence will affect business continuity, production and profit. Employers should therefore consider a flexible strategy for dealing with this and create a Business Continuity Plan if they don't already have one. This should include training other staff to deputise and cover the vital functions and roles of key staff who may fall absent and allowing staff to work from home using remote computer access.

It would be best to ensure that your IT system is up to this sudden surge and it would be sensible to ensure you have copies of all passwords to enable 'deputies' to gain access to your systems.

FAQ's

Are we able to provide anti-viral drugs to our employees?

No – Employers cannot distribute prescription only drugs direct to employees. This can only be done by a qualified medical practitioner. However, private doctors engaged by the Employer can prescribe the medication.

Can we quarantine an employee?

In normal circumstances you can't prevent an employee from attending work unless there is a contractual provision allowing this or unless they pose a health and safety risk to other staff.

How do we cope with staff who fear they will catch the bug if they attend work?

This is difficult to manage in practice. Employers are entitled to expect all unaffected employees to attend for work as normal.

Malingerers.

Unfortunately, in any given situation, there are those who will manipulate the circumstances to their best advantage. It is difficult to know whether an employee is genuinely suffering from symptoms and staying at home (as advised by the Government and the GP service) or just using the opportunity to have a few days extra leave. Caution is the key word here since it would be extremely difficult to disprove the genuineness of someone's symptoms and this could result in claims being made.

A returning employee must provide a 'fit note' from a GP in respect of all absences over 7 days.

It would be wise to consult the ACAS Code of Practice to consider how to deal with members of staff where it can be proven that their absence was not genuine and to take specialist legal advice.

Remember that the more your employees know about how to prevent infection the more resilient they and your business will be.

Now wash your hands!

Norman Rea F.Inst.L.Ex.

Norman is a Consultant at the Shirley offices of Sydney Mitchell LLP and a member of the Employement Lawyers Association. He is Chairman of Birmingham & District Ilex and a member of Birmingham Law Society's Education & Training Committee. He may be contacted on 0121 746 3300.