the origin of the disease because from his perspective, it
could amount to unlawful discrimination.
But what of staff who might be infected who then
self-isolate? The answer is simple for Rayment: “If the
employee can still work from home during a period of
self-isolation, then they will be entitled to be paid because
Employers have a duty to take steps to
ensure the health and safety of their
workforce; they must take the threats posed
by coronavirus seriously” Andrew Rayment Walker Morris
they are still working.” And if NHS 111 or a doctor advises
someone to self-isolate, they should receive any Statutory
Sick Pay (SSP) due to them. Contractual sick pay should
ideally be paid too.
The government has said that for the moment, SSP is
payable from day one of sickness. And for those not yet
unwell but have been asked not to come to work, Rayment
says they will be entitled to their usual pay. He also says that
27
April & May 2020 Printweek
Employment matters
Aside from the impact on contracts,
employers must ensure staff
are protected as far as practicably
possible while dealing with the
clinical impact of coronavirus on
the workforce.
Andrew Rayment, an employment
partner at law firm Walker
Morris, reminds that “employers
have a duty to take steps to ensure
the health and safety of their workforce, and to ensure a
safe system of working; they must take the threats posed by
coronavirus seriously”.
This can be done, for example, through information, the
provision of cleaning products, protective products, social
distancing and homeworking where a role permits it.
For Rayment, it’s important that employers remain consistent
and fair – “employers must not single anyone out or
treat an employee differently because of a protected characteristic
such as race or ethnicity”. He’s clearly alluding to ➔