briefing for swine flu

8/4/2019 Briefing for Swine Flu

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Workplace Law Group 2011

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Flu fears: Plans for employers

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


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 beenyounger 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.


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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 oftheir 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.


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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 arenot ill themselves, they may have to stay away from work to care for sick familymembers or to look after children if schools and nurseries are forced to close. Publictransport may itself be reduced and this will make it difficult for employees to worktheir normal hours. How will you respond to this?

How much face-to-face contact is needed with customers / suppliers? Consider plansto modify the frequency of such interaction, e.g. by requiring employees to usetelephone or video conferencing. Think about how non-essential travel for work canbe limited particularly for those employees who may be at high risk, for examplepregnant women and those with serious existing health conditions.

Even if your own organisation is not badly hit, suppliers and customers could be andthis could have an impact on your business. Can your business model be reviewed tocontinue 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 staffabout good hygiene, for example to cover nose and mouth when coughing andsneezing, disposing of dirty tissues promptly and washing hands frequently with soapand water. Make sure there are sufficient hand-hygiene products and washingfacilities available for staff.

Hard surfaces such as door knobs and telephones should be cleaned frequently andemployers 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.


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Establish the necessary platforms for communicating with staff (and customers andsuppliers) in the event of a flu pandemic, for example a telephone hotline, dedicatedpart 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 particularcircumstances; one size is unlikely to fit all.

Most importantly, employers should keep their business continuity plan under reviewand continue to monitor the latest guidance from the Government.

Further information

For further information, please contact Kevin McCavish at:

[email protected]

03700 86 8802

briefing for swine flu

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