Don't be caught out by swine flu

With the autumn set to bring an increase in cases of swine flu, employers need to ensure they are fully prepared for the impact it may have on their business.

“It has been estimated that in a worst-case scenario up to 75% of the workforce could be absent this autumn and winter, so it is vital for employers to put measures in place to keep their businesses running while complying with their legal obligations to staff,” says Barr Ellison’s employment expert Caroline Banwell when making a presentation to Cambridgeshire Chambers of Commerce.

The first step for most companies should be to put contingency plans in place, based around what measures would need to be taken if a good percentage of the workforce was absent. Are you set up for employees to work from home? Do you have interchangeable skills among staff? Are staff willing to work longer hours and, if so, does this comply with the Working Time Regulations? You may also look into ways of how you can get staff fast access to anti-viral treatments such as Tamiflu.

Employers should also review and update contractual terms and policies in place regarding sick leave, dependant leave and flexible working.  This could include reviewing contractual sick leave provisions, any return to work policies and considering whether to introduce a contractual power to require infected staff to stay away from work, should this be necessary.  Businesses will also need to decide how much absence will be paid and how to treat staff who are more vulnerable, such as pregnant women and those with underlying medical conditions.  Employers should be prepared for staff taking advantage of the situation and pulling ‘sickies’ and how to handle this.

Under the Health & Safety Act 1974 employers are also under an obligation to protect staff at work. In the case of swine flu this is likely to mean keeping staff updated on the facts and risks of the disease and ensuring that simply being in the workplace isn’t putting them at risk of infection.  This can mean reassessing the level of contact between people, installing antiseptic hand-gel dispensers, putting up signs to remind employees and visitors of their responsibilities and asking staff who are unwell to stay at home.

Adds Caroline: “Of course these estimated figures for absenteeism are the worst case scenario so hopefully most businesses won’t be affected in this way, but it’s certainly a good idea to be prepared.”

To find out more contact Katy Adcock.

The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.

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