The publication of the Government ‘roadmap’ out of lockdown has raised hopes that a return to something akin to normal may finally be around the corner. But the easing of restrictions, alongside more lateral flow testing, is – unsurprisingly – resulting in an increase in case rates in some areas.
Therefore managing staff absence and dealing with short-term closures is likely to remain a challenge for some time. It is important that all employers understand not only the latest Government rules and guidelines, but also general best practice in order to best support staff through this challenging and often stressful time.
Sickness, shielding and holiday entitlements
Guidance states that staff who are self-isolating or off sick due to Covid-19 should receive statutory sick pay (SSP) from the first day of absence, provided they meet the usual qualifying conditions. The exception is when staff are self-isolating because they have re-entered the UK from abroad and have to quarantine. In these circumstances the staff member is not entitled to SSP, unless they develop or have coronavirus symptoms.
Any staff member who has been shielding should have now received a letter with new guidance, such as continuing to socially distance and limit interactions, following the ceasing of advice to shield on 31 March 2021. To encourage these employees to return to work, if they haven’t already, make sure you have conducted risk assessments, including individual assessments for vulnerable employees, looking at any tailored measures needed to ensure they feel safe at work, and discuss this with them.
Both employers and staff should be as flexible as they can about holiday during the pandemic. During one-to-ones or team meetings, it is a good idea to:
- discuss why holiday might need to be taken or cancelled (sometimes at short notice), and talk about any plans to use or cancel holiday as soon as possible
- listen to any concerns, either from staff or the employer, and welcome and suggest ideas for other options
- consider everyone’s physical and mental well-being.
Employers should encourage staff to take their paid holiday, while recognising that in some cases it may not be possible for staff to take all their holiday entitlement during the current holiday year. It is important that staff are getting enough rest.
Top tips:
- Employers should decide whether they will allow extra holiday (more than the four weeks paid holiday/statutory amount of leave) to be carried over.
- If a setting plans to shut for a week, an employer can tell staff to use their holiday entitlement as long as it has informed them at least twice as many days before as the number of days of leave.
Redundancy
There will be some instances where employers have no other option but to make some members of staff redundant.
In the UK, an employee can be made redundant if:
- the employer has ceased, or intends to cease, continuing the business, or
- the requirements for the employee to perform work of a specific type, or to conduct it at the location in which they are employed, have ceased or diminished, or are expected to do so.
If there is a genuine case for redundancy, employers must follow a correct and fair procedure and make redundancy and notice period payments.
The procedures will vary according to the timescale and size of the redundancy programme, but settings should as a minimum follow these stages: planning; identifying the pool for redundancy selection; seeking volunteers; consulting employees; selecting for redundancy; seeking suitable alternative employment; following the appeals and dismissals process; making redundancy payments; and offering counselling and support.
It is important to approach a redundancy process with compassion and treat everyone with dignity, respect and kindness. Handling redundancy sensitively can make a significant difference to how people cope. It is also important to make it clear to staff that it is the role that is being selected for redundancy; it is not personal to them.
Ongoing support should be available to employees. This could be in the form of access to an employee assistance programme or occupational health assessment.
Vaccinations
As well as prioritising certain groups of people in the vaccination roll-out, the Government has also highlighted circumstances where a vaccination may not be suitable, including:
- People with immune system disorders.
- During any stage of pregnancy, including shortly prior to conception.
- People with certain medical conditions.
A key question for settings is whether employers can require employees to be vaccinated against Covid-19. ACAS advises against mandatory vaccinations and recommends encouraging and supporting staff without making it a requirement. This could be achieved in part by allowing paid time off for vaccination appointments and recovery from any side-effects.
There is no legislation in place that allows for mandatory vaccinations. However, some employers may be considering using health and safety grounds as a basis for requiring new and existing employees to be vaccinated. This is likely to raise a number of legal issues, including the risk of claims of discrimination and constructive dismissal.
Settings should produce a policy which sets out their position on vaccinations. This should encourage staff to take the vaccine when offered and make use of home test kits.
While it has been reported that the Government is considering legislation that would require care workers to be vaccinated, settings should take independent legal advice if this is being contemplated due to the issues raised above.
CASE STUDY: Children’s Corner pre-school, Halifax
Manager Mehreen Rizwan says, ‘We are a small team with just five members of staff and all of us had to take time off to self-isolate at different intervals. We managed these staff shortages by asking our two members of supply staff to cover. It was chaotic as supply staff were being paid at a higher rate.
‘However, we did not need to close our pre-school at any point throughout the pandemic and, fortunately, none of our staff members or children contracted Covid-19. We also did not need to make any staff redundant. If there are fewer children on roll then less work is available, but different options will be discussed first before making a redundancy, such as the furlough scheme and reduced hours.
‘All settings should recruit at least two members of bank staff to be available at short notice. Even better is working in partnership with another pre-school. Sometimes other settings will have staff available to help cover shortages.
‘Redundancy must be a last resort. Settings should always have a contingency plan and assess the number of places for the next term well in advance, then make an action plan.’
FAQs
1. With redundancies, do I have to consult with staff face-to-face or can I use Zoom?
A. Consultation does not have to be face-to-face, it’s acceptable to use video-calling or the telephone. You must allow the employee the right to be accompanied either by a colleague or a trade union representative, so they must also be able to link into any calls. You may also conduct the process via letter, but this makes it harder for employees to ask questions. If this is necessary, ask for an employee’s consent to be consulted in writing and only use this approach as a last resort.
2. What if someone falls ill during the redundancy consultation process?
A. The consultation process shouldn’t be unduly held up if someone is sick, but you may need to allow a few more days’ time for them to attend meetings. If you rearrange the meeting on two occasions and they do not attend, you can hold the meeting in their absence and send them the outcome via letter. Do bear in mind that failure to adequately consult an absent employee could lead to an unfair dismissal claim.
3. Can I make staff redundant while they are furloughed?
A. Yes, you can consult with someone during furlough. You may wish to bring them back to work during their notice period or you could decide to pay them in lieu of notice.
4. Can we insist that staff take their holidays for their own well-being or for business reasons?
A. The answer is yes – this is reasonable in accordance with the Working Time Regulations. Holiday is primarily there for staff to take a break and rest. Try to come to an agreement with the employee around when these days will be in order to maintain good working relations. An employer can insist on an employee taking annual leave on particular dates, as long as it gives twice the number of days’ notice as the number of days to be taken. However, those on sick leave or family leave, such as maternity, are exempt from this legislation. There is also legal provision that allows those staff who could not take their holiday due to coronavirus to carry up to four weeks over into the next two holiday years.