The second wave of coronavirus cases has started to shut down nurseries and childminders with assistants across the country and a lot of owners and managers are concerned about what to do with staff wages if they are required to close.
It is a legal requirement for employees to self-isolate if they are told to do so as a result of a potential, or confirmed, exposure to coronavirus. If they fail to isolate, they could receive a fine – and the liability extends to businesses.
Reporting requirements
If you have to close the setting, either because you are isolating or because there is a positive case of coronavirus in the bubble within your setting, you must –
Wages liability
**If staff are required to self-isolate, they should be paid statutory sick pay from day 1 and for up to 14 days, as long as they earn over the lower earnings limit – ACAS will be able to help you with calculating this. Note you can only claim 14 days per employee.
**If you have a ‘lay off’ clause for emergency closure in staff contracts you can lay off staff if you do not have work for them. You have to pay £30 per day to staff who you lay off up to a total of £150 (up to 5 payments). After this payment, they will need to apply for Universal Credit.
**Staff required to self-isolate may be eligible to apply for the Coronavirus Support Grant from their Local Authority if they are on a low income and do not have savings – the grant was opened for applications from 12th October 2020 and may be paid even if they have received statutory sick pay. You should inform staff that the grant might be an option.
**You can continue to pay full staff wages if you have the funds available.
Job Support Scheme
A new Job Support Scheme replaces the current Job Retention Scheme from 1st November 2020. It does not that it will be relevant for coronavirus closures because the scheme is for a ‘reduced need’ for work rather than a closure.
Disclaimer
This is my understanding of the current situation – 31.10.2020. Please note that it does not constitute legal advice and ACAS should be consulted if you are unsure.
It is a legal requirement for employees to self-isolate if they are told to do so as a result of a potential, or confirmed, exposure to coronavirus. If they fail to isolate, they could receive a fine – and the liability extends to businesses.
Reporting requirements
If you have to close the setting, either because you are isolating or because there is a positive case of coronavirus in the bubble within your setting, you must –
- Inform Ofsted
- Inform your local Public Health
- Notify your insurance company
- Offer a refund to parents for any advance fees paid
- Send staff and children home to isolate.
Wages liability
**If staff are required to self-isolate, they should be paid statutory sick pay from day 1 and for up to 14 days, as long as they earn over the lower earnings limit – ACAS will be able to help you with calculating this. Note you can only claim 14 days per employee.
**If you have a ‘lay off’ clause for emergency closure in staff contracts you can lay off staff if you do not have work for them. You have to pay £30 per day to staff who you lay off up to a total of £150 (up to 5 payments). After this payment, they will need to apply for Universal Credit.
**Staff required to self-isolate may be eligible to apply for the Coronavirus Support Grant from their Local Authority if they are on a low income and do not have savings – the grant was opened for applications from 12th October 2020 and may be paid even if they have received statutory sick pay. You should inform staff that the grant might be an option.
**You can continue to pay full staff wages if you have the funds available.
Job Support Scheme
A new Job Support Scheme replaces the current Job Retention Scheme from 1st November 2020. It does not that it will be relevant for coronavirus closures because the scheme is for a ‘reduced need’ for work rather than a closure.
Disclaimer
This is my understanding of the current situation – 31.10.2020. Please note that it does not constitute legal advice and ACAS should be consulted if you are unsure.