Topical HR Matters - Quest

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If you have any questions or concerns about the topics discussed below, please call the Chamber HR advice line on 01455 852037

1.       Why are NEXT, IKEA and Morrisons changing their sick pay?

The benefit of having a vaccinated workforce is that it enables stronger protection from COVID-19 and reduces workplace absences.  Large organisations such as Next and Ikea are suffering from an increase of staff absences purely because of COVID and staff being unvaccinated.  What businesses want is to have reduced COVID absences.  The problem is that by being unvaccinated, staff are absent from work for 10 days, compared to 5 days for vaccinated employees.

With these companies unvaccinated staff will no longer received full company sick pay but instead will only receive SSP (£96.35). 

It is hoped that a reduction of sick pay will encourage staff to get vaccinated.

2.       How can we change employees’ terms and conditions from company sick pay to SSP?

Employers must consult and put a business case together, explaining what the changes are and the reasons behind it.  The consultation must be meaningful and there must be an adequate paper trial (letters/memo to staff).  It is important that employers engage with their staff. The employer must give notice of when this will be effective from – i.e., one calendar month

3.      What problems can we encounter if we make changes to sick pay terms and conditions?

a)    Discrimination – some employees may claim discrimination. There could be various reasons for this

·        Medical - those who cannot have the vaccination based on medical advice (i.e. blood clotting)

·        Religion – some religious groups insist the drug is not 100% vegan

·        Protected characteristic’ groups may feel targeted i.e., certain religions disagree that the vaccination is 100% vegetarian

Please note that each case must be reviewed independently to avoid discrimination.

b)     Legal Claims – changing could lead to an increase in legal claims – as varying a contract of employment is a breach of contract – the employee may constructively dismiss themselves.

c)     Industrial Dispute -staff may feel aggrieved which may lead to strikes or grievances. They may feel that their human rights are also affected as each person has the right to a private life and freedom of thought.   

4.       Can employers ask employees about covid vaccination status?

Yes, employers can, but to have access to this data, the reason must be compelling and necessary as detailed on the ICO website.  Employer must be able to justify why they are asking for this information, for example, to prevent the spread of COVID within the workplace as employers have a duty of care to all employees -  thus having such information at hand, employers are able to risk assess the workplace further.

5.     Can we insist current employees are vaccinated?

This is difficult to say as there are several risks.  Any employee with over 2 years’ service can make an unfair dismissal claim.

The employer will need to demonstrate a business case that from a health and safety perspective, the risk of employees infecting each other is extremely high, hence putting lives at risk.

Additionally certain customers may insist, before entering their premises that external workers are vaccinated.  If customers insist on this, employers will need to look at alternative employment.  If there is no alternative employment, the outcome may lead to a dismissal.  Please seek HR/Legal advice before you dismiss and call the advice line number above.

There is also the discrimination element as mentioned before, certain religious groups believe the contents of the vaccination are not 100% vegan/vegetarian.  Employees in this category can make a day 1 tribunal claim if they believe they have been discriminated against because of their religion. 

6.       Can we insist new starters are vaccinated?

Yes, you can as new employees do not have employment rights.  However, employers will still need to be mindful of discrimination (day 1 right to make a tribunal claim).  It is important employers ask new employees of any medical condition they may have to ensure reasonable adjustments are made where necessary.