Workplace Law Group 2011 All rights reserved

Flu fears: Plans for employers

Flu fears: Plans for employers

As the seasonal surge of flu continues, this briefing considers what employers should be doing to protect their workforce and how they can prepare for the worst. Concerns about the rising numbers of flu cases and lack of available vaccine have hit the headlines this winter. The Health Protection Authority announced last week that the total number of deaths across the UK has now risen to 50. Of these, 45 were so-called swine flu cases, while five others were another strain type B. When swine flu first came to public awareness, back in 2009, the majority of fatalities were in older and more vulnerable people. However, many of this years flu victims have been younger people aged between15 and 64, who are not traditionally thought to be at high risk from the illness.

What is seasonal flu? Influenza occurs most often in winter and usually peaks between December and March in the northern hemisphere. Symptoms of seasonal flu include sudden onset of fever, cough and sore throat, aching muscles and joints. The influenza virus is unstable and new strains and variants are constantly emerging, which is one of the reasons why the flu vaccine should be given each year.

What about swine flu? The swine flu H1N1 virus is one of the group of seasonal flu viruses circulating around the world this winter. It is a respiratory illness recognised by the World Health Organisation. Symptoms are similar to ordinary flu and may include fever, unusual tiredness, headache, runny nose, sore throat, shortness of breath, cough, loss of appetite, aching muscles, vomiting and diarrhoea. Other types of flu strain are also circulating, including influenza B and H3N2.

How contagious is it? The flu virus is contagious and is spread between people. People are most contagious soon after they develop symptoms and can continue to spread the virus for up to five days (or seven days in children). As symptoms subside people become less infectious and once the symptoms are gone they are no longer considered infectious to others.
Workplace Law Group, 110 Hills Road, Cambridge CB2 1LQ t 0871 777 8881 f 0871 777 8882

 Workplace Law Group 2011 All rights reserved

Flu fears: Plans for employers

What is the treatment? Patients can be treated with antiviral drugs. Although these drugs reduce the development of the virus and lessen the symptoms they do not cure the infection but merely aid recovery. They are most effective if taken within 48 hours of the onset of symptoms.

General advice for employers Government guidance is that individuals should continue to come to work unless they are ill. If employees are ill they should stay at home until their symptoms subsist and they feel better. The Health Protection Agency says people who have had contact with a person with flu, but who are showing no symptoms themselves do not need to be excluded from the workplace. Conversely, if an employee is obviously unwell with flu-like symptoms, they should be asked to go home.

Particular legal issues for employers Against this background there are certain potential legal issues for an employer in the event that the UK continues to experience a flu epidemic this winter. Firstly, employers have a duty to take all reasonable steps to protect the health and safety of their staff. This will involve keeping employees informed about the risks and making sure that good hygiene practices are observed in the workplace. Secondly, employers may have to deal with a larger than normal level of sickness absence. The financial consequences for an organisation that has to pay a significant amount of sick pay should also not be overlooked in the current economic climate. Finally, as a result of sickness absence it may be necessary to change normal working practices. If it proves necessary to require employees to work from home employers should consider whether they have the technology to enable large numbers of people to do so. They should also identify key roles, i.e. positions that have to be maintained regardless of whether an employee is on sick leave. Can other employees be given training now to ensure they can take over that role on a temporary basis if needed? Think about whether employees will be required to transfer form one site to another to cover absence can assistance be provided to enable this, e.g. by putting on a mini bus. If staff are put on notice now of possible changes to working practices and sickness policies during a future emergency, the scope for conflict will be reduced. Ideally employee representatives should be involved in agreeing any provisional policy changes.

Workplace Law Group, 110 Hills Road, Cambridge CB2 1LQ t 0871 777 8881 f 0871 777 8882

 Workplace Law Group 2011 All rights reserved

Flu fears: Plans for employers

Business risks Management planning could help to reduce the negative impact on your business of any significant outbreak of flu over the winter. Advance preparation will enable you to respond effectively to any future crisis and enable proper time for considered responses and communication with employees. Consider nominating a coordinator and team with specific responsibilities for preparedness and planning. Putting in place a business continuity plan will help your organisation to focus on the particular issues that are likely to be relevant for you. Although any response will necessarily depend upon the sector in which you operate and your organisations own circumstances, there are some general points to consider: Large numbers of employees could be affected at one time. Even if individuals are not ill themselves, they may have to stay away from work to care for sick family members or to look after children if schools and nurseries are forced to close. Public transport may itself be reduced and this will make it difficult for employees to work their normal hours. How will you respond to this? How much face-to-face contact is needed with customers / suppliers? Consider plans to modify the frequency of such interaction, e.g. by requiring employees to use telephone or video conferencing. Think about how non-essential travel for work can be limited particularly for those employees who may be at high risk, for example pregnant women and those with serious existing health conditions. Even if your own organisation is not badly hit, suppliers and customers could be and this could have an impact on your business. Can your business model be reviewed to continue to meet their needs, e.g. by increasing internet shopping capacity?

Action points for employers Make sure there is good hygiene in your workplace. This may involve reminding staff about good hygiene, for example to cover nose and mouth when coughing and sneezing, disposing of dirty tissues promptly and washing hands frequently with soap and water. Make sure there are sufficient hand-hygiene products and washing facilities available for staff. Hard surfaces such as door knobs and telephones should be cleaned frequently and employers should consider whether extra cleaning on site is necessary. Let employees know what will be expected of them in the event of a flu pandemic by drafting and/or amending the necessary policies and communicating with staff. Establish policies for sick leave absences during any flu pandemic. In particular consider when a person will be allowed / required to return to work. Review your existing terms / policies relating to sick pay. Do you need to consider amending these to cope with any flu pandemic? Establish infection control guidelines for employees who are ill or suspected of becoming ill at work. Establish a flexible worksite, e.g. working from home and working hours, for example if it may be necessary to implement a temporary shift system to ensure cover.

Workplace Law Group, 110 Hills Road, Cambridge CB2 1LQ t 0871 777 8881 f 0871 777 8882

 Workplace Law Group 2011 All rights reserved

Flu fears: Plans for employers

Establish the necessary platforms for communicating with staff (and customers and suppliers) in the event of a flu pandemic, for example a telephone hotline, dedicated part of your intranet, or via a Twitter account. While it is important to start to prepare as early as possible, employers should be aware that their response will need to be tailored to their own particular circumstances; one size is unlikely to fit all. Most importantly, employers should keep their business continuity plan under review and continue to monitor the latest guidance from the Government.

Further information For further information, please contact Kevin McCavish at: kevin.mccavish@shoosmiths.co.uk 03700 86 8802

Workplace Law Group, 110 Hills Road, Cambridge CB2 1LQ t 0871 777 8881 f 0871 777 8882