A closed due to Coronavirus sign on a door

ACAS sets out employee rights on Coronavirus

ACAS is updating its guidance on a daily basis – below are set out the basic principles of how COVID-19 affects employment law.

 

Self-isolation and sick pay

Employees and workers must receive any Statutory Sick Pay (SSP) due to them if they need to self-isolate because:

  • they have coronavirus;
  • they have coronavirus symptoms, for example a high temperature or new continuous cough;
  • someone in their household has coronavirus symptoms; and/or
  • they've been told to self-isolate by a doctor or NHS 111.

If someone has symptoms, everyone in their household must self-isolate for 14 days. Those who live alone must self-isolate for seven days.

Employers might offer more than SSP – 'contractual' sick pay. Find out more about sick pay.

 

If an employee does not want to go to work

Some people might feel they do not want to go to work if they're afraid of catching coronavirus. This could particularly be the case for those who are at higher risk.

An employer should listen to any concerns staff may have and should take steps to protect everyone. For example, they could offer extra car parking where possible so that people can avoid using public transport.

If an employee still does not want to go in, they may be able to arrange with their employer to take the time off as holiday or unpaid leave. The employer does not have to agree to this.

If an employee refuses to attend work without a valid reason, it could result in disciplinary action.

Find out more about absence from work.

 

If the employer needs to close the workplace

An employer may want to plan in case they need to close the workplace temporarily. This might be a difficult time for both employers and staff. It’s a good idea to make sure staff have a way to communicate with the employer and other people they work with.

 

Lay-offs and short-time working

In some situations, an employer might need to close down their business for a short time, or ask staff to reduce their contracted hours. If the employer thinks they'll need to do this, it's important to talk with staff as early as possible and throughout the closure.

Unless it says in the contract or is agreed otherwise, they still need to pay their employees for this time.

Employees who are laid off and are not entitled to their usual pay might be entitled to a 'statutory guarantee payment' of up to £29 a day from their employer.

This is limited to a maximum of five days in any period of three months. On days when a guarantee payment is not payable, employees might be able to claim Jobseekers Allowance from Jobcentre Plus.

Find out more about lay-offs and short-time working.

 

Using holiday

Employers have the right to tell employees and workers when to take holiday if they need to. For example, they can decide to shut for a week and everyone has to use their holiday entitlement.

If the employer does decide to do this, they must tell staff at least twice as many days before as the amount of days they need people to take.

For example, if they want to close for five days, they should tell everyone at least ten days before.

This could affect holiday staff have already booked or planned. So employers should:

  • explain clearly why they need to close; and
  • try and resolve anyone’s worries about how it will affect their holiday entitlement or plans.

 

If an employee needs time off work to look after someone

Employees are entitled to time off work to help someone who depends on them (a 'dependant') in an unexpected event or emergency. This could apply to situations to do with coronavirus.

A dependant does not necessarily live with the person, for example they could be an elderly neighbour or relative who relies on the person for help. There's no statutory right to pay for this time off, but some employers might offer pay depending on the contract or workplace policy.

 

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