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What do you do if an employee has flu symptoms, or has been in contact with someone who has Swine Flu?
Employers have a duty to ensure the Health and Safety of all of their staff and to provide a safe place of work. The employees themselves are also under a duty to ensure that they do not endanger themselves or anyone else that may be affected by their acts or omissions at work.
There would be serious implications for businesses if Swine Flu is contracted and spread in the workplace. The employer can decide if they want the employee to attend work and also request that they visit a medical professional to seek diagnosis and may not want them to return to work until the symptoms have completely cleared.
For employees who do NOT have Swine Flu but have been in contact with an infected person, the Cabinet Office advice is that it is not necessary to ask these employees not to attend work. The employer can put other options forward, such as working from home, or closely monitoring the employee for symptoms during the incubation period. The incubation period is the time between the contact with the virus and the start of symptoms. Health professionals say this is normally between one and four days.
Please note that this article has been prepared for general guidance only and is not intended to be a substitute for comprehensive legal advice.
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