The spread of the ‘Wuhan coronavirus’ is a global concern with the World Health Organisation has now declared a global emergency.  It also gives rise to a number of issues for employers.   These range from assessing the risks faced by their staff whilst at work, and developing measures to control those risks; complying with local laws and guidance; identifying how much flexibility they have to adapt their working arrangements to ensure business continuity; and special measures to protect vulnerable employees.

You may think that this is not likely to have much effect in Northern Ireland.  If you do I hope that you are right.  Wuhan may not have been very well known until a few days ago but it is, in fact, a crowded metropolis with connections to every part of the globe – even this ‘wee place’.

Whilst the cores issues are the same globally, the solutions will vary from country to country.  Northern Ireland is no different.  Northern Ireland has close links with China. The Chinese community in Northern Ireland is now the province’s largest minority ethnic group.  Business connections between China and Northern Ireland are also increasing, Chinese student numbers are increasing and, of course, the world is now a much smaller place.  For this reason employers in Northern Ireland should consider what steps they can take to protect their workforce.

What should employers in Northern Ireland do?

You should regularly monitor the situation, taking guidance from governments in their locations and from international bodies such as the World Health Organization.

Is this really a workplace issue?

All employers have a duty of care toward staff.  This means that employers should consider whether their existing arrangements for protecting staff and visitors from harm take account of the risk of harm arising from the coronavirus. This may entail conducting a risk assessment to identify the likelihood of staff contracting the coronavirus whilst at work and appropriate measures to control that risk.

The scope of the risk assessment should take account of the nature of the employer’s business and the work which its employees undertake, together with prevailing government guidance.  An employer with global operations and whose staff travel internationally on a regular basis will need to undertake a more detailed risk assessment than an employer with a small presence or number of employees solely based in Northern Ireland.

If the virus continues to spread employers should also consider what (if any) special measures may be appropriate for dealing with vulnerable staff such as those with impaired immunity; who are pregnant; who have a public facing role; or who are on secondment or working away from home, especially if they are working abroad.

Having undertaken this assessment employers should consider implementing a proportionate response, which may need to be reviewed regularly if the outbreak continues to spread, or new government guidance is issued.

What might this entail?

Employers may also wish to consider reviewing workplace policies such as those governing health reporting; office and personal hygiene; social distancing and the use of protective equipment.

For example, measures could include: suspending non-essential travel; spreading teams across several locations, to improve operational resilience; and the provision of hand sanitisers for staff and (potentially) masks for frontline staff. Other measures could include requiring employees to report any symptoms or requiring employees returning from a high risk area to remain at home for a period of time.

Employers should also consider training managers on these arrangements so as to ensure that staff are given up to date advice and guidance and providing appropriate support for vulnerable staff.

Should employers consider flexible working?

Employers may need to adapt their working arrangements to improve operational resilience in case of staff absences or changes in demand for their products or services. First steps may include assessing the employer’s rights to require staff to work flexibly, perhaps redeploying them to different locations or asking them to perform different duties.

Staff may also seek additional flexibility from their employer if they have difficulty attending work, for example because they are caring for dependants, or schools are shut or transport is disrupted. In those circumstances employers may owe contractual or statutory duties to accommodate staff requests for time off work, or flexible working, perhaps from home or another location.

In these situations employers need to respond in a proportionate, reasonable and consistent manner, otherwise they may risk claims for discrimination or unfair treatment. Accordingly employers may wish to consider planning ahead to identify where problems may arise and how they should respond, so that they can behave (and can be seen to be behaving) reasonably and consistently. A failure to do so will not only risk legal claims, it may also impact adversely on staff morale and so damage future employee relations.

If an employee is quarantined do you have to pay them?

This is a good question and employers should consider how they will respond to a range of situations including those where staff are willing but unable to work, because they are quarantined or unable to travel; or they are able but unwilling to work because they are concerned about the risks of travelling or being in the workplace.

In the latter case the employer’s ability to take action may depend on the extent to which it has implemented measures to address the risks posed by the coronavirus, otherwise staff may have grounds for refusing to work normally.

Again, the key point is the need for employers to behave proportionately.

Should you call a halt to all business travel for the time-being?

Employers should certainly review whether travel is necessary, and whether, for example, meetings can be conducted by video link; and how they will respond if staff refuse to travel. Again, the key is to be proportionate, reasonable and consistent.  This entails anticipating potential scenarios; devising legally robust and fair principles for dealing with them; and ensuring that managers are trained and understand their responsibilities in these uncertain times.

What is the one piece of advice you would give employers right now?

Employers should keep abreast of government guidance, consider contingency planning and adapt those plans accordingly. The key is to plan ahead and to show leadership, thereby enabling the company to be well prepared to support their staff and to maximise the resilience of their business.