Coronavirus and the employer’s duty of care

In normal circumstances the questions below might ordinarily be regarded as private questions to avoid allegations of negligence further down the line:

• Are you displaying symptoms that would warrant self-isolation (persistent cough, high temperature)?
• Is anyone at home displaying symptoms that would warrant self-isolation?
• Have you or anyone at home knowingly been exposed to any third party diagnosed with or displaying symptoms of Coronavirus?
• Have you or anyone at home recently visited one of the recognised Category 1 Countries?

The scenario is a simple one; a colleague has been away on annual leave. They are a private sort and don’t share access to all areas of their private life through social media. The business has not geared up for managing their return to work amidst the pressures of managing supply chains and challenges to working capital as lines of credit start to creak while global markets spiral.

But the colleague has been back at work since 8:00am and is about to head out the door when they mention how “Milan was very, very quiet” but they did get to see a lot more of it than they had hoped. And some of the staff working a matter of feet away with them have gone very pale.

It may sound too obvious a risk to be true but available anecdotal evidence describes just such a scenario unfolding in a financial services undertaking in the last seven days.

It is an employer's duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this.

This means making sure that workers and others are protected from anything that may cause harm, effectively controlling any risks to injury or health that could arise in the workplace.

Employers have duties under health and safety law to assess risks in the workplace. Risk assessments should be carried out that address all risks that might cause harm in the workplace and where risks arise, have in place contingencies that are proportionate and effective for dealing with the harm posed.

In the context of the Coronavirus the necessary precautions relating to that threat are continually evolving in line with Government guidance and that sometimes rarest of commodities, common sense. Knowing in advance where a colleague has recently holidayed and whether they should be self-quarantining for a period of 7 days following their return would be the first of a list of obvious steps.

One certainty for the first employer to experience a Covid 19 eruption will be the short-term impact on personnel, staffing and operational continuity. Another may be the potential fall-out when its systems and procedures for mitigating the risk of that event are being considered by the individuals concerned, Insurers and others looking to assess any potential liability for the illness sustained. With so many evident over-reactions, the conscientious employer still has to address these emerging risks, fulfil its duties of care but do so with support and sensitivity.