The responsibilities of employees
Sections 7 and 8 of the Health and Safety at work Act 1974 call upon employees to take reasonable care for the health and safety of themselves and others who may be affected by their acts and omissions.
They have to attend work if well, unless instructed to do otherwise.
The government advises them to “Be open and honest if they feel that they are unwell with flu, contact their GP by phone or seek advice from NHS Direct (0845 4647), and report back to their line manager as appropriate”.
But employers have to be aware that staffs, who do not receive contractual sick pay may have no qualms about taking time off sick, but employees who receive SSP only may think twice before taking a day off work and struggle in regardless.
Swine flu does present the perfect opportunity for anyone who wants to take a few days off work, as they can claim they erred on the side of caution by staying at home rather than risk infecting their colleagues.
Employers would be wise to think now about how to deal with this problem before it becomes more wide spread, both in terms of whether to risk someone coming in to work and whether to give discretionary sick pay if you ask them to stay at home. The first step for employers and affected staff alike though will be to get up-to-date medical advice.