Lisa Bryson Partner, Employment and Immigration, Eversheds Sutherland Belfast
The rapid spread of the ‘Wuhan Coronavirus’ is now a global concern with the World Health Organization declaring a global emergency. You may be thinking that this will not have any effect here and I really hope you are right. However, at the time of writing, two cases have been confirmed in the UK. This is the reality we face, and businesses should be mindful of this.
Northern Ireland is closely linked to China. The Chinese community makes up the largest minority ethnic group in Northern Ireland and the business connections between the two countries are constantly evolving.
Ultimately, the world is a much smaller place and employers should consider what steps are necessary to protect their workforce, who they have a duty of care towards.
So, what are the key issues? These range from assessing the risks faced by staff whilst at work, and developing measures to control these while complying with the relevant laws and guidance; identifying how much flexibility in working arrangements is required to ensure business continuity and what special measures are needed to protect vulnerable employees.
Additional steps could include conducting a risk assessment to identify the likelihood of staff contracting the Coronavirus whilst at work and the appropriate measures to control that risk.
Businesses with global operations and staff who travel internationally on a regular basis will need to undertake a more detailed risk assessment than businesses whose employees are solely placed in Northern Ireland. By undertaking this assessment and regularly reviewing guidance, employers will be able to respond in a proportionate manner.
Another consideration for employers may include reviewing workplace policies such as office and personal hygiene, social distancing and the use of protective equipment.
Businesses might also need to adapt working arrangements to improve operational resilience in case of staff absences or demand for products or services. Initially, employers should assess the rights to require staff to work flexibly, redeploying them to different locations or asking them to perform alternative duties.
While it is hoped the virus will not spread further, if it does, employers should consider what special measures are required to protect vulnerable staff including those with impaired immunity, who are pregnant or those working abroad.
If staff seek additional flexibility or are indeed quarantined due to the effects of Coronavirus, businesses may owe contractual or statutory duties to accommodate these. In this instance, the employer’s ability to take action may depend on the extent to which it has implemented effective measures to address the risks posed. It is crucial that employers always behave in a proportionate, reasonable and consistent manner.
There are a lot of issues for companies to consider and the key is to plan ahead and show leadership at a critical time.
If this planning is effective, business will be well prepared to support staff and to maximise its resilience. Furthermore, by keeping abreast of government guidance, implementing contingency planning and adapting accordingly, the worst case scenarios can be avoided.