Managing the impact of swine flu in the workplace
Swine flu is a worldwide concern, which has already affected most workplaces. Whether you are an employer or employee, it's important to know what your role is and how you can help manage your own concerns, as well as those of staff and colleagues, while keeping your business running. This page contains a list of the most important things to consider when managing the impact of a pandemic on a business, as well answering some of the questions you might have about a range of related issues. Key points to remember- Be flexible
A more flexible approach to matters such as working hours and location may be effective as long as they are properly considered in advance and all necessary procedures are put in place in good time.
- Use information technology
Information technology could be useful in enabling a business to run effectively if many employees are absent from work.
- Deal with issues fairly
Even if businesses are damaged by the effects of a pandemic they should still ensure that any measures they take are carried out according to proper and fair procedure. This will help maintain good employment relations and help prevent complaints to employment tribunals.
If you need further advice, call our Acas Helpline (but please note that the Helpline can not advise on any medical aspects of swine flu). Read more about Acas training and business solutions Online customer contact form. Let us know how we can help.
 ConsultationCommunicating and consulting with employees is essential if you are to deal effectively with important issues. Whatever the size or type of organisation people need to talk to each other; exchange views and ideas; issue and receive instructions; discuss problems and consider developments. Communicating and consulting about swine flu is no different. You will need to talk to and consult with your employees and their trade unions or other employee representatives. Contingency planningThe main problem that many businesses will face, if the epidemic starts to spread, is the threat of high levels of absence. Organisations should try to plan for this as far as possible to minimise the possible impact. You may want to consider: - alternative patterns, hours and locations of working, in order to keep the maximum number of staff 'at work' (see more on this below)
- an audit of transferable skill levels of staff to see if those fit to work 'fit' staff can be moved to alternative jobs during high absence periods (consultation with staff and trade unions is key in this process)
- agreeing an increase in the hours of those 'fit' staff fit to work to ensure core work is covered (be aware of Working Time Regulations)
- a review of IT systems to see how far they could support increased numbers of staff working from home and other locations
- alternative ways of communicating, in order to limit face-to-face contact, for example, increased use of video and telephone conferencing, webcams, virtual conferencing, messenger discussions
- minimum thresholds of staff (and/or customers) to keep the organisation open – closure for a period of time may be the most feasible option
- alternative forms of transport or car parking if major transport links were suspended.
Alternative patterns of workingAlternative patterns and locations of working that you may wish to consider include: - flexible working to offer staff increased flexibility to manage their time and external pressures
- parental leave in order to look after children who are infected
- special leave
- time off for dependants – employees are legally entitled to unpaid time off to make alternative arrangements for the care of dependants
- home working to help prevent the spread of infection, and to assist with caring issues (remember IT systems will need to support it)
- alternative working locations if a particular office needs to be closed.
Absence management and return to workIt is important to create a culture where people are able to inform their employer that they are unwell and take the necessary time off to recover. Employers should communicate NHS guidance to staff and ensure it is followed to try to prevent the spread of the pandemic as far as possible. If staff do require time off, agree with them how the absence will be recorded, and whether it will be paid or unpaid. If your organisation currently offers enhanced contractual sick pay, this may need to be reviewed (in consultation with staff) in the event of massive levels of sickness absence. Employers could risk legal proceedings if they were to impose such a change, although it would be open to the employer to justify it on business grounds. It would be wise to seek legal advice before taking such a step. Current guidance is for individuals not to visit a GP, so self-certification will be the basis for most absence. Under Statutory Sick Pay (SSP) rules an employer is entitled to ask for reasonable evidence of the employee's incapacity for work, but can't require an employee to provide a doctor's certificate for the first seven days of sickness. If the absence goes beyond the self-certification period, but a GP statement is still not available, other forms of evidence are equally acceptable under SSP. These will need to be discussed between the employer and employee. Be aware that staff may wish to return to work as soon as possible, particularly if they are on SSP, but communicate with them to ensure that they are no longer infectious to prevent further spreading of the disease. Duty of careEmployers have a duty of care to their employees and must take steps which are reasonably necessary to ensure the safety of their employees. Many of the requirements under this duty have been mentioned already, such as hygiene precautions and contingency planning to minimise the effects of swine flu, but employers may wish to consider more specific risk assessments for the workplace, and individual staff. In particular employers should consider the potential effects on: - pregnant employees
- employees with existing medical conditions
- employees with disabilities.
Hygiene precautionsFollow NHS guidance – educate your employees, the more they know about how to prevent infection, the more resilient your business will be. The key prevention messages are: - always carry tissues
- use clean tissues to cover your mouth and nose when you sneeze
- bin the tissues after one use
- wash your hands frequently with soap and hot water or a sanitizer gel
- in short: "catch it, bin it, kill it"
- keep surfaces clean.
Current guidance on the NHS website is that available scientific evidence does not support the theory that wearing a facemask is an effective preventative measure, unless you are standing close (within one meter) to someone with the virus. PoliciesRemember to be aware of how any actions you take might affect existing organisational policies. If you are considering making changes to the conditions of any policies in order to minimise the impact of swine flu, consult with your staff and their representatives. Policy areas where issues may occur include: - absence and sickness
- contracts
- pay
- flexible working
- travel
- equality and diversity
- types of leave.
I have an employee who is refusing to come into work for fear of contracting flu. What should I do?- Although on the face of it this could be construed as unauthorised absence, the circumstances in which the employee finds themselves are highly unusual.
- Talk to the employee, take their fears seriously and consider any underlying issues they raise.
- Ask them if they can identify any alternative ways of working and/or locations that would allow them to continue working. Depending on the size of the business, it may not be possible to accommodate this.
Ultimately if they continue to refuse to come to work, the employee may be subject to disciplinary procedures. If I have to close my workplace because of the flu pandemic and send healthy staff home, do I have to pay them?- Check staff contracts. Do they include the right to lay off without pay? If not, and you can't get employees to agree to a temporary change to the contract, then you would have to pay them.
- If the contract doesn't allow you to lay staff off without pay you could discuss a temporary change to the contract for a specific period of time to allow for this. If employees agree to this, you may need to pay guarantee pay for some of this time. See our page on lay offs and short-time working.
- For further information also see the Acas advice leaflets on lay-offs, short time working, and varying contracts.
My employee has had to go home because their child is ill with suspected flu. They have come back to me to say they can't get anyone to look after the child. Where do I stand?- Employees have a right to a reasonable amount of unpaid time off to deal with emergencies and make arrangements for care of a dependant.
- Employees should make all reasonable attempts to arrange for alternative care for the child but it may not always be possible to do this.
- You could consider use of parental leave, annual leave, special leave (whether paid or unpaid) – check any policies on this. Consider options for homeworking, if this is feasible.
- There may be circumstances where an employer might reasonably refuse a request for time off.
- See our page on working parents for more information.
I have an employee whose wife has flu and I don't want him to come into work in order to protect other employees. Can I require him to stay at home?- Current Cabinet Office advice is that it is not necessary, on risk grounds, to ask such employees not to attend work where they are not displaying any symptoms.
- You should consult with other employees over their concerns and refer to NHS guidance on how the infection spreads.
- Remember, particularly for smaller organisations, you may require minimum levels of staff to remain open.
I have a member of staff who has asthma. Should I take any special measures to protect him?- Employers have a general duty to safeguard the health and safety of their employees, and make reasonable adjustments for staff with a disability.
- Discuss with the individual how any risks might be minimised, for example by working in a different location or at home.
What do I do to protect employees who are pregnant?- Employers should carry out a risk assessment for pregnant women, regardless of swine flu.
- Where risks are identified, employers must take certain steps to minimise the risks.
- This includes adjusting your pregnant employee's working conditions. If this is not feasible you should consider suitable alternative work or, as a last resort, they must suspend on full pay for as long as the risk remains.
I currently pay enhanced contractual sick pay. I'm worried I won't be able to afford to pay if lots of my staff go off sick with flu? Can I suspend it across the board?- It may be possible to agree temporary change to the contract.
- Employers could risk legal proceedings if they were to impose such a change, although it will be open to the employer to justify it on business grounds.
- It would be wise to seek legal advice before taking such a step, and, of course, to consult with staff.
I've heard that employees can now sign themselves off sick for two weeks. Is this true?- No, but there are proposals to introduce measures to allow individuals to self-certify themselves as being sick for up to two weeks, for a limited period. The measures will only be introduced if considered absolutely necessary.
- At present, the normal rules for payment of Statutory Sick Pay (SSP) will continue to apply.
- For more information on SSP, see Business Link.
I have an employee who wants to wear a face mask - how can I respond?- Talk to the employee and explain that current guidance on the NHS website is that wearing a facemask is not an effective preventative measure, unless you are standing close (within one meter) to someone with the virus.
- A more effective way of preventing the spread of flu is to encourage good hygiene practices within the workplace. See www.nhs.uk/swineflu.
- Where an employer has explained the NHS guidance and the business reasons why wearing a face mask is inappropriate but the employee insists on continuing to wear it, as a last resort disciplinary action may be warranted.
I have been off work with swine flu, but have now reached the end of the self-certification period and still feel unable to return to work. Current NHS advice is not to go to your GP, but my employer requires a medical certificate - what can I do?- Under Statutory Sick Pay rules an employer is entitled to ask for reasonable evidence of the employee's incapacity for work, but can't require an employee to provide a doctor's certificate for the first seven days of a spell of sickness. Although a doctor's statement is strong evidence of incapacity other forms of evidence are equally acceptable under the SSP legislation and the decision ultimately rests with the employer.
- For further guidance, see Direct Gov.
I am being paid Statutory Sick Pay while off with swine flu, but am now feeling fine and want to come back to work but my employer is scared of the flu spreading and so has said I must remain at home on SSP.- Employers need to balance the need to protect the health and safety of those employees still at work with the employee's desire to get back to work.
- An employer who requires the employee to remain at home, even though the employee says they are fit to work, may be required to provide full pay unless the contract says otherwise - check any relevant policies your organisation might have about returning to work following illness.
- You may also want to consult www.direct.gov.uk/swineflu.
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