COVID-19: Guidance for employers & employees

To support employers and employees throughout the period of disruption, the government have announced a number of new measures.

Statutory Sick Pay (SSP):

Statutory Sick Pay (SSP) will now be available for eligible individuals diagnosed with COVID-19 or those who are unable to work because they are self-isolating in line with Government advice. This is in addition to the change announced by the Prime Minister that SSP will be payable from day 1 instead of day 4 for affected individuals.

People who are advised to self-isolate for COVID-19 can obtain a NHS’ 111 service, rather than visiting a doctor. This can be used by employees where their employers require evidence.
Small and medium-sized businesses and employers will be eligible to reclaim Statutory Sick Pay (SSP) paid for sickness absence due to COVID-19. This refund will cover up to 2 weeks’ SSP per eligible employee who has been off work because of COVID-19. The eligibility criteria for the scheme will be as follows:
Employers with fewer than 250 employees will be eligible- the size of an employer will be determined by the number of people they employed, as of 28 February 2020. Employers will be able to reclaim expenditure for any employee who has claimed SSP (according to the new eligibility criteria) as a result of COVID-19.
Employers should maintain records of staff absences and payments of SSP, but employees will not need to provide a GP fit note. If evidence is required by an employer, those with symptoms of coronavirus can get an isolation note from NHS 111 online and those who live with someone that has symptoms can get a note from the NHS website.
Eligible period for the scheme will commence the day after the regulations on the extension of SSP to those staying at home, comes into force. The government will work with employers, over the coming months, to set up the repayment mechanism for employers as soon as possible. This will not be payable straight away, as the payroll software providers will need to develop the software to implement this. We will let you know further information as we receive it.

Off payroll working rules (IR35):

As part of a review into changes to the operation of the off-payroll working rules (IR35), HMRC has made an announcement to give business more time to prepare.

Covid-19 Job Retention Scheme:

The government will pay 80% of salary for staff who are kept on by their employer, covering wages of up to £2,500 a month. The wages cover, which relates to gross pay, will be backdated to the start of March and last for three months. The government have stated that this will be extended ‘if necessary’.

This temporary scheme is open to all UK employers for at least three months from 1 March 2020, and the portal is now live.
Employers can claim for 80% of furloughed employees’ usual monthly salary, up to £2,500 and both parties must agree to this decision. The government website provides more advice for employers and employees.

Social distancing in the workplace:

The government has produced sector specific guidance for social distancing in the workplace. This is a list of tailored advice for different scenarios as an example of how social distancing and other measures might be implemented by employers to help protect their workforce and customers.

Health & Safety:

The Health & Safety Executive (HSE) has issued guidance to provide first aid cover and what to do if first aid certificates have expired on or after 16th March. For more information, please check their website.

Recruitment support:

The Leeds City Region Enterprise Partnership (LEP) in partnership with the West Yorkshire Combined Authority have announced a new employment hub:

Free impartial support is being offered to help businesses recruit quickly to keep up with the demands of Covid-19, support businesses who have employees at risk of or facing redundancy and to help individuals find new employment opportunities. Full details for business support can be found on the hub website.

Businesses can access the following support:

Find new employees through the Employment Hub talent matching service
Access support for employees who are at risk of or facing redundancy
Gain support to hire a new apprentice

Right to work checks:

The Home Office have updated guidance on right to work checks during the coronavirus outbreak:

HR teams will be able to carry out right to work checks for new starters at home by video call and scanned copies of documents. More information can be found at GOV.UK

UK visas and temporary UK residents:

The government updated its advice for UK visa applicants and temporary UK residents:

This advice is for visa customers and applicants in the UK, visa customers outside of the UK, and British nationals overseas who are affected by coronavirus-related travel restrictions. More information can be found at GOV.UK

Employment laws:

New legislation making major changes to existing employment regulations came into force on Monday 6 April 2020.

More information can be found here but the most significant changes include:

Parental bereavement leave and pay
Written terms (‘written statement of employment particulars’)
Agency workers’ rights
ICE (Information and Consultation of Employees) Regulations
Changes to holiday pay calculations

General guidance:

The Advisory, Conciliation and Arbitration Service (ACAS) has published:

Information for employers and employees including simple steps to the health and safety of staff.

HMRC are delivering a programme of webinars on measures to support employers, employees and the self-employed through this period of disruption caused by COVID-19.