Health and safety: older workers and coronavirus

Employers have a duty to protect the health and safety of their staff, which includes taking additional care with employees who are known to be vulnerable.

The UK government’s latest coronavirus advice on social distancing and protecting older people and vulnerable adults (originally published 16 March and subsequently updated) explains who is considered to be particularly vulnerable, and advises them to be particularly stringent in following social distancing measures.

Anyone aged over 70 is considered to be vulnerable. There are nearly 9 million over 70s in the UK, and the UK has seen the proportion of over 70s in employment double over the past decade.

Anyone with one or more of a range of medical conditions is also considered to be vulnerable. These conditions include heart failure, kidney disease, Parkinson’s disease, MS and diabetes.

Social distancing and older workers

The social distancing measures that older workers and other vulnerable people should follow include avoiding non-essential use of public transport, steering clear of large gatherings and working from home, where possible.

Employers should ask employees to let them know if they are in one of the categories of vulnerable people, and should allow them to work from home if this is possible.

Older workers, self-isolation and sick pay

It is not clear that a person who is vulnerable and chooses to stay at home even though they cannot work from home is entitled to statutory sick pay, unless they fall within the government’s main guidance to self-isolate because they have symptoms or are in the household of someone with symptoms.

However, there is an argument that the advice on protecting vulnerable adults is also part of the “guidance” which gives a right to statutory sick pay under the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020.

The NHS in England is also directly contacting people with some clinical conditions which put them at even higher risk of severe illness, with advice about the more stringent measures.  Again, it is not currently clear that these employees will be entitled to SSP if they are unable to work from home. 

In any event employers will need to be flexible, for example by allowing such employees to take paid holiday, and should bear in mind their health and safety responsibilities.

Advice for older people living alone and dealing with isolation is available here.

Coronavirus and carers of older people

The employer’s duty to protect the health and safety of their staff does not extend to the health and safety of an employee’s relatives or friends. There are 1.2 million people aged ove r65 in the UK who provide regular unpaid to a disabled, seriously ill or older relative.

Employers should be sympathetic to concerns expressed by employees in this situation.

An employer should discuss the employee’s concerns and consider whether there is a practical way to assist – e.g. by allowing working from home if there is an identified risk in the workplace or altering working hours so it is not necessary to travel on public transport during rush hour.

An employer should discuss the employee’s concerns and consider whether there is a practical way to assist.

The government also announced on 23 March that everyone is required to stay at home for at least the following 3 weeks.  There is a limited exception for work which “absolutely” cannot be done at home, meaning employers should only be allowing employees to attend work where it is not possible to work from home. 

If the employee really cannot work from home, employers should consider other options such as altering working hours so it is not necessary to travel on public transport during rush hour. If an employee refuses to come to work for this reason, it may be reasonable for the employer to allow this while refusing similar requests from other employees who do not have a direct link with a vulnerable person.

More guidance for employers can be found in Lewis Silkin’s FAQs (updated daily).