In the last few weeks the JIB, together with its parties, the ECA and Unite the Union, have kept a watching brief on developments. Events over the last week and, in particular, the Prime Minister’s latest statement have changed the position once again.
The new coronavirus – officially named COVID-19 – has been declared a pandemic (the worldwide spread of a disease) and will cause significant challenges to the JIB as well as to the wider industry, particularly given that we live in a global economy and many employers have operations and supply chains overseas.
Unsurprisingly we have received an increase in the number of phone calls asking about the JIB’s position, particularly in line with sickness absence.
The Government is now providing daily updates which means that information placed on our website can quickly become out of date.
Coronavirus Job Retention Scheme
Please see this link to a news release on a temporary arrangement for alternative working weeks under the JIB Agreement to allow access to the Coronavirus Job Retention Scheme - www.jib.org.uk/the-coronavirus-job-retention-scheme
Sick Pay
Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 came into force Friday 13th March. These Regulations provide that Statutory Sick Pay (SSP) will be available to any employee in self-isolation to prevent infection or prevent contamination with coronavirus, in accordance with advice from Public Health England and Public Health Wales.
We anticipate further Regulations regarding SSP being payable from Day 1 (and not Day 4 as is currently the case) in the near future. The Coronavirus Bill had its second reading in the House of Lords on 24th March and a third reading will take place on 25th March. This is expected to pass.
Once this legislation is passed, this will apply retrospectively from 13th March 2020.
The Government has also announced details for employers to be able to recoup the cost of SSP from Government and we will post details when further information becomes available.
The Sickness with Pay Benefit under the JIB agreement will continue to apply.
Sick Note
From Friday 20th March 2020 onwards, those who have COVID-19 or are advised to self-isolate will be able to obtain an "isolation note" by visiting NHS 111 online and completing an online form, rather than visiting a doctor. This will replace the Fit Note for COVID-19 cases after seven days of sickness absence.
ECIS Sickness Cover Covid-19 Employer Guidance
ECIS have published guidance on how their sickness insurance policies will respond during the Covid-19 pandemic.
The full guidance document can be downloaded here
CLC Site Operating Procedures
To implement the Government’s social distancing recommendation the Construction Leadership Council has now published Site Operating Procedures.
These can be downloaded via the following link
http://www.constructionleadershipcouncil.co.uk/news/site-operating-procedures-during-covid-19/
The Construction Industry Council has given their guidance on essential works in the folllwing article http://cic.org.uk/blog/article.php?s=2020-03-24-why-arent-construction-sites-closing
Frequently Asked Questions
What happens if a site closes but people are ready and available for work?
The Government has recently announced a Coronavirus Job Retention Scheme for all employers to access support. Please read the story linked in the section above.
Do people in self-isolation receive SSP? How much is this?
If an employee self-isolates because they have
o Coronavirus
o Coronavirus symptoms (e.g. a high temperature or new continuous cough)
o Someone in their household with Coronavirus symptoms
o They have been told to self-isolate by a doctor or NHS111
then they will receive SSP (currently £94.25 per week)
If someone lives in a household and is the first to have symptoms, then they must self-isolate for 7 days. All other household members who remain well must self-isolate and not leave the house for 14 days starting from the date the first person became ill.
I’ve read that I will be able to receive SSP from my first day of sickness.
The Government has recently announced that it intends to introduce emergency legislation to entitle eligible employees to SSP from the first day, rather than the fourth day. This is for people who cannot work because of Coronavirus. This will apply retrospectively from 13th March 2020.
SSP will also be payable to people staying at home on Government advice (not just those who are infected) from 13th March 2020.
Employees needing to provide evidence will be able to get this from NHS 111 online instead of getting a fit note from their doctor.
Do people in self-isolation receive JIB Sickness with Pay Benefit?
ECIS are contacting all JIB member companies with the latest information about eligiblity and further guidance about what can be claimed. Please see the guidance document above from ECIS.
Now that the schools have closed, what happens if I need to look after my child(ren) at short notice?
Employees are entitled to reasonable time off work to help people who depend on them in an unexpected event or emergency. This would cover where somebody needed to look after their child(ren) or arrange childcare.
There is no statutory right to pay for dependants’ leave. However from 13th March workers caring for others in the same household who display Coronavirus symptoms and have been told to self-isolate are entitled to SSP.
What happens if a worker does not want to come to work despite having no symptoms
Employees are advised that they should take time off work if they are ill. If they are not ill and do not have symptoms (i.e. they are worried they might contract Coronavirus) then they would not be entitled to SSP. In these situations the employer should discuss the concerns and seek to allay these. This can be done by providing Government and NHS guidance and by setting out the management measures being taken to reduce the risk of infection to the workforce.
If a worker still does not wish to attend work then the employer should consider the possibility of flexible working e.g. different site hours or unpaid leave or annual leave.
Refusal to attend work could ultimately result in disciplinary action but, particularly in these times, should be a last measure.
Can an employer require an individual to take annual leave?
Yes. Employers have the right to tell employees when to take holiday if they need to. For example, under the JIB Agreement the Industry is used to shutdowns at Easter and Christmas.
If an employer decides to do this then they must give twice as much notice as the amount of days they wish people to take e.g. if the employer wishes you to take 5 days holiday, they must give at least 10 days notice.
This could affect holidays that people have already booked or planned so employers should explain why they need to close and try to resolve anyone’s worry
Useful Links
There are some very useful links which we would advise you to check regularly:
ECA members can access this through their membership login at www.eca.co.uk
Unite members can seek guidance from their Regional Officer or via www.unitetheunion.org
Government: https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19
Acas: https://www.acas.org.uk/coronavirus
NHS: https://www.nhs.uk/conditions/coronavirus-covid-19/
Although every effort is made to ensure that the content is accurate, the JIB cannot accept any liability whatsoever for any inaccuracy contained within it, nor for any damage or loss, direct or indirect, which may be suffered as a result of any reliance placed upon the information provided, whether arising in contract, tort or in any other way. Advice should always be obtained from your own professional advisers before committing to a specific action.