We have been asked for clarification on Sick Pay during the Coronavirus, so here is the official Government advice
Those who follow advice to stay at home and who cannot work as a result will be eligible for statutory sick pay (SSP), even if they are not themselves sick.
Employers should use their discretion and respect the medical need to self-isolate in making decisions about sick pay.
Anyone not eligible to receive sick pay, including those earning less than an average of £118 per week, some of those working in the gig economy, or self-employed people, is able to claim Universal Credit and or contributory Employment and Support Allowance.
For those on a low income and already claiming Universal Credit, it is designed to automatically adjust depending on people’s earnings or other income. However, if someone needs money urgently they can apply for an advance through the journal.
Certifying absence from work
By law, medical evidence is not required for the first 7 days of sickness. After 7 days, employers may use their discretion around the need for medical evidence if an employee is staying at home.
We strongly suggest that employers use their discretion around the need for medical evidence for a period of absence where an employee is advised to stay at home either as they are unwell themselves, or live with someone who is, in accordance with the public health advice issued by the government.
More details are available by clicking here
Advice for Employers is available from ACAS
Working from home
For any employee working from home, the employer should:
- pay the employee as usual
- keep in regular contact
- check on the employee’s health and wellbeing
Find out more about:
If evidence is required to cover self-isolation or household isolation beyond the first 7 days of absence then employees can get an isolation note from NHS 111 online or from the NHS website.
More advice from ACAS can be found by clicking here
In these very uncertain times, we thought it prudent to direct you to a few documents which are very clear, detailed and helpful for both Employers and Employees regarding Coronavirus (COVID -19)
Guidance from ACAS on the Coronavirus can be found here – this gives very clear advice for both employers and employees, and answers some difficult questions regarding sick pay, working from home and social distancing
Guidance for Employers – this guidance from the government is updated daily, and can be found here
Guidance on Social Distancing – can be found here – this gives more detail of the groups who are at increased risk of severe illness from Coronavirus, and explains Social Distancing in more detail
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations
The TUPE rules apply to organisations of all sizes and protect employees’ rights when the organisation or service they work for transfers to a new employer.
TUPE has impacts for the employer who is making the transfer (also known as the outgoing employer or the transferor) and the employer who is taking on the transfer (also known as the incoming employer, the ‘new employer’ or the transferee).
When does TUPE apply?
There are two situations when the TUPE regulations may apply; business transfers and service provision transfers.
In business transfers
The TUPE regulations apply if a business or part of a business moves to a new owner or merges with another business to make a brand new employer.
In service provision transfers
The TUPE regulations apply in the following situations:
- a contractor takes over activities from a client (known as outsourcing).
- a new contractor takes over activities from another contractor (known as re-tendering).
- a client takes over activities from a contractor (known as in sourcing).
ACAS had produced a short introductory video to explain TUPE which you can find here
Terms and conditions under TUPE
When TUPE applies, the employees of the outgoing employer automatically become employees of the incoming employer at the point of transfer. They carry with them their continuous service from the outgoing employer, and should continue to enjoy the same terms and conditions of employment with the incoming employer.
Following a transfer, employers often find they have employees with different terms and conditions working alongside each other and wish to change/harmonise terms and conditions. However, TUPE protects against change/harmonisation for an indefinite period if the sole or principal reason for the change is the transfer. Any such changes will be void.
More detailed information can be found here