Don’t let your business catch a winter cold
Last updated 18:29, Sunday, 06 April 2008
GLOBAL recession may be the talk of the TV news but, for most bosses, sickness bugs and bad weather are more immediate threats to business.
With another cold snap on the way, Hazel Philips, an employment law solicitor from Burnetts, is warning business owners and managers to make sure that they deal sympathetically with issues such as illness and problems travelling to work otherwise they could find themselves facing grievances, long-term sickness or even tribunals.
Hazel said: “Staff illness often increases during the winter, but this year’s Norovirus has meant greater numbers are off sick.
“Even so, employers mustn’t be tempted to pressurise infected employees to return to work too early or force them to visit their GP for a sick note if they can self certify.”
An employee can self certify illness for a minimum of the first seven days of any bout of illness (it may be more depending on individual contracts).
A free self certification form is available from www.hmrc.gov.uk/forms/sc2.pdf online.
Hazel also recommends that employers are wary about forcing employees to come in to work during hazardous winter conditions. She said: “If an employee is absent or late due to the weather conditions, employers should consider whether this is reasonable and whether the employee has made a reasonable effort to attend work. Although many employers will allow absence with pay when employees are absent from work due to bad weather, it’s not always practical, but business owners should take legal advice if they are considering withholding pay for any reason.”
Finally, Hazel is warning bosses to make sure temperatures in workplaces meet legal requirements because if the temperature falls below the legal minimum, workers are entitled to leave the workplace.
In their Approved Code of Practice, the Heath and Safety Executive sets down minimum working temperatures which are 16°C if the work is deskbound and 13°C if the work is physical.
If a worker is working outside there is no minimum temperature but all outdoor work stations should, ‘so far as reasonably practicable, be protected from adverse weather’.
- Wintry employment law issues were the topic of Burnetts’ latest employment law e-bulletin. To sign up for this free monthly update, visit www.burnetts.co.uk or contact Burnetts’ employment law team on
