LIVING WITH COVID-19 IN THE WORKPLACE
On 21st February this year the Government made an announcement of its strategy for living with Covid-19. That strategy has a number of implications for Employers and Employees alike.
Can an Employee still receive Statutory Sick Pay after 24th March?
Until the 24th March 2022, the law was changed so that certain sickness absences related to Covid-19 could be deemed to be days of incapacity and could therefore give rise to a payment of Statutory Sick Pay. However, those provisions will end on 24th March 2022.
Does this also apply to Employees who are shielding (clinically extremely vulnerable)?
Since the 1st April last year clinically extremely vulnerable people were no longer advised to shield and would not be eligible for SSP.
Can an Employee still be required to self-isolate following a positive test?
From 24th February there is no longer a legal obligation for an Employee who tests positive to self-isolate. However, it is expected that those with Covid-19 symptoms will be encouraged to exercise their own personal responsibility.
If an Employee self-isolates without symptoms are they entitled to be paid?
After 24th March 2022 SSP will not be payable to an Employee who is self-isolating without symptoms. Whether that Employee is entitled to contractual sick pay will depend upon the terms of his or her contract of employment.
How should an Employer treat Long Covid?
The National Institute for Health and Care Excellence (NICE) has defined Post Covid Syndrome as “signs and symptoms that develop during or after an infection consistent with Covid-19, continued for four weeks and are not explained by an alternative diagnosis”. Long Covid should be treated like any other illness.
There is currently a call for Long Covid to be recognised as a disability for the purposes of the Equality Act 2010 and if that is the case then Employers will have to treat those suffering from Long Covid in the same way that they would treat any other Employee with a disability. This includes making reasonable adjustments to accommodate the disability and to treat those Employees in a way which does not subject them to any form of discrimination as a consequence of them suffering from Long Covid.