Swine Flu - Guidance for Employers

Although the rate of increase in new swine flu (influenza A H1N1) cases is reported to be abating, there are still more than 100,000 new cases a week and a surge in infections is expected as the winter approaches, with the first wave anticipated in late August to late September.

The swine flu virus is an unusual strain, not only because it has proven to be highly infectious in the summer months but also because it seems to affect young children more severely than it does the middle-aged. Thus far, more than 30 people have died after contracting the virus. Pregnant women and those with underlying health problems are considered to be particularly at risk. See below for a list of known high-risk groups.

Swine flu has several potential implications for firms, for example:

• Liability for failing to take steps to prevent the spread of the infection, particularly amongst those known to be in a high-risk group, and to maintain a safe working environment. Have you carried out a risk assessment yet?
• The impact on staff who remain at work, if they work longer hours than usual in order to cover for staff who have contracted the virus;
• Problems which may arise if an outbreak results in you failing to deliver to one of your customers or you have a supplier or contractor who lets you down as a result of swine flu (which may be considered to be ‘force majure’). Consider your potential liabilities should either event occur and check your insurance position carefully.

It will be a fortunate business that is left completely unscathed by the virus but there are steps that you can take to protect your staff and keep them informed so as to improve the chances of keeping your business up and running. Be prepared to be flexible. Could staff work from home? Are there alternative ways of doing business other than by direct contact, for example teleconferencing instead of face to face meetings?

Given that employees are likely to be able to self-certify themselves as unfit for work for up to a fortnight, employers must be prepared to deal with the disruption the pandemic may cause. If you have not already done so, put in place contingency measures for dealing with mass absenteeism. Consider what steps you can take to prevent staff returning to work too soon.

Examine all your staff policies and procedures to make sure they are compatible with any situations that may arise. For example, does your sickness policy cover the position of a member of staff who is healthy but who has to take time off work because they have caring responsibilities for someone else who is infected?

Make sure you have up-to-date contact details for all your staff and know who to contact in an emergency.

As always, when considering measures you can take to protect employees, it is important to take care not to overstep the line between protecting them and violating their human rights.

For more information on swine flu, see the DirectGov Swine Flu pages.

See also
http://www.direct.gov.uk/en/Swineflu/DG_177831.

Business Link have published  (4 August 2009) a useful guide for businesses.