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Is your firm in a fit state to handle swine flu?

While there appears to have been a peak in cases of swine-flu for the moment, employers should be planning ahead in case the situation worsens as experts predict. By employment law partner, Michael Pitt.

At the end of July, 2009, the chief medical officer, Sir Liam Donaldson, said, “There's a possibility the virus has had its fill of us for the moment," but warned the virus will return with "a very big surge" in the autumn.

Employers have to ensure under the Health and Safety at Work Act 1974 that, as far as reasonably practicable, they do not expose their employees to health and safety risks.

This clearly extends beyond providing them with a safe environment — it also includes warning them about, and protecting them from, infectious diseases.

You can easily provide employees who have e-mail access with links to the latest information and advice on Government websites. For employees without e-mail access, put up posters setting out current advice and reiterating the need for staff to follow basic hygiene procedures.

Consider if there are any workplace practices you can change to cut the risk of infection spreading. Could you, for example, reduce business travel or allow more employees to work from home, so that fewer employees have to share confined spaces?

You should also plan for the impact that any outbreak may have on your business.

Do you, for example, need to train back-up employees to cover key functions?

Do you have alternative companies lined up in case any of your main suppliers is badly affected?

Who would you include on any crisis team, if one became necessary?

In advance of any threat, it may be a good idea to send employees a memo outlining any changes to current practices and procedures you may have to adopt.

If any of your own employees show swine-flu symptoms, urge them to seek medical advice straight away and to stay away from work until they have completely recovered.

If, despite your best efforts, a large proportion of your work force comes down with the virus and you have shut the business completely for a period, it may be worth considering the need to include a force majeure clause in key contracts with other organisations.

This could enable you to avoid liability for breaching your contractual obligations for the duration of an outbreak that it is beyond your control. Careful drafting to ensure that the clause is reasonable and fair will be essential, so I advise you to seek legal advice.

By taking immediate steps to keep your people informed about the risk of infection and the contingency plans you will implement, you should continue to reap the benefits of good relationships with your workforce and clients.

Download the government's official leaflet here. (PDF, 1,427kb)

Pearson Hinchliffe Commercial Law are able to advise you on employment law matters, especially managing redundancies.

This article also appeared here, and here.

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