The development was revealed in a speech, delivered yesterday by World Health Organization director general Dr Tedros Adhanom Ghebreyesus. He said while China has reported 78,190 cases to WHO, including 2,718 deaths, outside the country there have been 2,790 cases in 37 countries, and 44 deaths.

Commenting on the implications of developments for recruitment agencies and their businesses, Stephen Jennings, partner and solicitor at Tozers Solicitors, told Recruiter raising awareness is the key point companies are currently attempting to get across in their policies. 

“Agencies should ensure that staff are aware of the rules around self-isolation and are strongly encouraged to follow them. Smaller businesses can keep tabs on employees they know to be returning from an affected area; larger ones may have to rely on managers to do this. The rules (and affected areas) may change, of course, so businesses should keep up to date with the latest government advice, which can be found here.

“Agencies should also think about their pay policies for employees who are self-isolating and who can’t work from home. Contract terms will apply but there is no absolute obligation to pay an employee who isn’t able to attend work but who isn’t actually sick (whatever [health secretary] Matt Hancock may say). There may be a practical advantage to doing so (and letting staff know that you will) to encourage staff to comply with self-isolation.

“For now, work continues as normal for the vast majority and staff should continue to attend work/external meetings etc. in the absence of an outbreak in the place of work. If an agency has a client in a business affected by the virus, there is certainly a responsibility to ensure the client’s health, and this may involve pulling the client out of the assignment to avoid unacceptable risk. The question of pay would be determined by the contract terms in place with the client.”

Martha McKinley, employment law specialist and senior associate solicitor at law firm Stephensons, adds the nature of recruitment means that there will naturally be a significant level of interaction with both candidates and clients.

“Employers have an overarching obligation to take reasonable steps to safeguard their employees while at work, and as the coronavirus begins to take a foothold here in the UK, it’s important for employers to draft and modify their policies and have a response plan in place around pandemics, so staff understand their health & safety rights.

“Businesses such as recruitment agencies may also want to review their approach to face-to-face meetings or business travel. For example, perhaps encouraging staff to ‘meet’ prospective candidates or clients via Skype or other online tools as an interim measure.”

Dr Sybille Steiner, partner at law firm Irwin Mitchell, says all employers have a duty to protect the health & safety of their workers: “Recruitment businesses may therefore need to put in place measures to protect those who are most at risk – particularly if the numbers of cases in the UK increase, or a business has anyone who has tested positive for the virus or is suspected of having it. This might include allowing staff to work from home (if their role can be done from home) or giving them different work to do so they can work from home.

“Employers also have special duties in respect of pregnant and breastfeeding workers. A risk assessment must be conducted if working conditions could involve risk to new or expectant mothers or their babies. If the assessment identifies risk, the employer is expected to take steps to reduce it. Ultimately, if there is no other way of alleviating the risk (such as assigning them to a different role) the employer may have to suspend on full pay.

And Jahad Rahman, partner at Rahman Lowe Solicitors, told Recruiter agencies should consider updating their policies, although some situations may already be covered by existing policies such as a general health & safety policy, travel and adverse conditions, flexible working or working from home and control of infectious diseases etc.
 
“We are advising clients whose employees travel to periodically check the guidance issued by the Department of Health and Social Care, which is updated pretty much daily and includes a list of countries where specific avoidance or precautionary measures are advised.   
 
“For those who are UK-based only, whilst there is a public health emergency, our view is that there is no extraordinary risk for day-to-day activities, and new regulations were brought into force to provide the government with additional powers of detainment, isolation etc. Recruiters should consider implementing a temporary policy on avoiding unnecessary meetings if there is a foreseeable risk of exposure or temporarily ban travel to specific geographical locations.”

Kathryn Dooks, partner in the employment team at law firm Kemp Little says as cases of coronavirus continue to rise, recruitment businesses need to ensure that their sickness absence policy is up to date and that it is applied consistently. 

“In terms of business travel, recruiters should consider suspending travel to infected regions and using alternatives such as skype or video conference. Where employees are travelling in areas that are not yet deemed high risk, the company can continue to allow travel but should provide guidelines to their employees on hygiene and safety and ensure that they understand what action should be taken should they become ill. 

“In terms of annual leave, if an employee has plans to holiday in an affected area but seeks a postponement of their holiday, such requests where possible should be granted, otherwise the employee may feel they have to take the holiday as planned. 

“If employees have been exposed to the virus or have returned from a country or region with a significant rate of infection in the last 14 days employees should be requested to refrain from attending their place of work through the suspected incubation and transmission period. If remote working is possible this should be agreed.

“If an employee refuses to remain at home during the 14-day quarantine period, recruiters may consider a temporary suspension on full pay if the contract of employment gives the right to suspend for this reason.

“It is very important that a consistent approach is taken on all aspects connected to the coronavirus.  In particular, employers must avoid discriminating against certain races or nationalities where the virus is most prevalent.”

Melanie Stancliffe, partner at law firm Cripps Pemberton Greenish, told Recruiter there is now a genuine risk of the coronavirus.

“Recruiters need to balance the potential risk and weigh up whether they can conduct their work another way. Instead of meeting face to face, could it be done on the phone or via skype?

"This could be a key time to raise awareness and update your flexible working policy to enable employees to work from home (particularly those who are more vulnerable) or have different working hours if needed. The governments guidance is being updated daily and the key is to ensure that you are aware of what that advise is and policies are in place within your workplace to enable employees to follow that advise.

"Ensure that precautions are being taken around the workplace such as having hand sanitising stations and asking employees returning from holidays in affected areas, self-quarantine if they show any flu-like symptoms. Ensuring you are not singling anyone one out because of their race or ethnicity, is important.  The impact of coronavirus in the UK is changing every day which should be relayed to staff.”

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