Close Menu
  • News
  • Home
  • In Profile
  • Finance
  • Legal
  • Technology
  • Events
  • Features
  • Wellbeing & Mental Health
  • Marketing
  • HR & Recruitment
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
X (Twitter) LinkedIn YouTube
Trending
  • SMEs say funding is vital – so why are a third not applying?
  • The CEO of Nothing. Why You Should Avoid ‘Gurus’
  • Can an ex-employee be silenced by an NDA in 2025?
  • E-Invoicing: The Lifeline UK Small Businesses Can’t Afford to Ignore
  • Social care experts launch an online marketplace to disrupt a sector in crisis.
  • Are SMEs getting better at embracing good cybersecurity practices?
  • Universities partner with Made Smarter to deliver fast-track digital leadership programme for SME manufacturers
  • How can smaller businesses use tech to level the playing field?
X (Twitter) LinkedIn YouTube
SME Today
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
  • News
  • Home
  • In Profile
  • Finance
  • Legal
  • Technology
  • Events
  • Features
  • Wellbeing
  • Marketing
  • HR & Recruitment
SME Today
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
  • Twitter
  • LinkedIn
  • YouTube
  • RSS
You are at:Home»HR & Recruitment»What employers need to know before cutting sick pay for unvaccinated staff
What Will Happen If Employees Call In Sick After The Christmas Party

What employers need to know before cutting sick pay for unvaccinated staff

0
Posted By sme-admin on February 11, 2022 HR & Recruitment

Withholding contractual sick pay for unvaccinated staff has significant risks that employers should consider before enforcing the policy, according to employee relations experts, AdviserPlus.

It comes after several employers including Ikea and Morrisons have cut sick pay for unvaccinated employees after a rise in staff absences over the winter period.

Analysis by the Trades Union Congress found that 723,900 private sector workers were self-isolating due to Covid-19 from 13 to 26 December, which is around 2.7% of the private sector workforce. Although the number of positive cases has been in decline recently, with 74,799 new cases on 23 January compared to over 141,000 on 9 January, the ongoing impact on workforce availability remains significant.

With working from home restrictions lifted on 19 January and the remaining Plan B restrictions lifted on 26 January, employers need to consider how this impacts their working arrangements and be minded that their decisions could result in more staff absence.

Technical HR Consultant, Catherine Shacklady, AdviserPlus, says: “With working from home no longer a requirement, employers elect for employees to return to the workplace. If an employee tests positive, they may feel mildly unwell but still be able to work, albeit the commute to the workplace may be a barrier. Employers may therefore want to consider home working, in addition to whatever hybrid agreement is in place, where positive cases arise so as to avoid increased absenteeism.

Among the employers who have elected to cut contractual sick pay, vaccinated employees who test positive for the virus will reportedly still get full sick pay for any isolation period.  However, those who are unvaccinated, or are a close contact of someone with Covid but themselves test negative, will not. In the latter, a full 10 days isolation period is required.

However, AdviserPlus has warned of the risks to cutting sick pay based on vaccination status, and says employers need to be fully aware of these before embarking on this policy change.

From a legal perspective, these risks include the policy being viewed as unlawful or a breach of contract, and could lead to a constructive dismissal claim should the employee feel they have no option but to resign.

Jane Grundy, Technical HR Consultant at AdviserPlus, also says: “Currently, a refusal to be vaccinated is deemed to be a personal choice. There is recent case law where a fear of catching Covid was not deemed to be a protected belief under the Equality Act. However, as case law develops, there is a risk that employees may claim that being unvaccinated is a philosophical belief. If this is found to be the case, they could be successful in their discrimination claim.”

Strict policies may also not account for those who are unvaccinated due to disabilities, pregnancy-related concerns, other health conditions or ethnicity, which would also put employers at risk of discrimination claims.

From an organisation perspective, being involved in a discrimination claim could impact the reputation of the business, and therefore risk limiting the company’s talent pool and opportunities, as well as adding a burden to management time and workload.

From a personnel perspective, a ‘no jab, no job’ policy risks alienating some staff and creating a divide between those who are vaccinated and those who are not. It could mean some employees become disengaged or start to feel undervalued for having different ethics.

Recent reports have suggested that without decent sick pay for all, employees might face the choice of self-isolating and facing hardship or not self-isolating and potentially spreading the virus, which could mean further employees being exposed to Covid-19.

In looking to the future, it is widely expected that the Government will end compulsory self-isolation for those who test positive for Covid-19 at the next review, on 24 March or possibly before the end of February.

Jane Grundy comments: “It is not yet clear whether this change will apply equally to vaccinated and unvaccinated employees or whether employers will choose to draw that distinction, on the basis that an employee is more likely to be unwell if unvaccinated.

“If employers wish to tie the eligibility or level of sick pay to vaccination status despite these risks, they should ensure they have clear policies and guidance for applying the decisions.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

Related Posts

Project Brains Launches AI-Driven Job Description Platform ProdigyPB

Global whistleblowing reports of discrimination rise in 2024, overtaking harassment

The impact of employee engagement on business performance

Comments are closed.

Follow SME Today on Linkedin and share all the topics you find interesting
Invest in your pension

The Newsletter

Join our mailing list for the best SME stories, handpicked and delivered direct to your inbox every two weeks!

Sign Up
Events Calendar
    • Marketing
    May 6, 2025

    Why WordPress Remains One of the Best Website Platforms for Entrepreneurs

    May 1, 2025

    New initiative offers UK small businesses rare opportunity to secure national TV advertising with Channel 4 worth £300,000

    • Finance
    May 16, 2025

    SMEs say funding is vital – so why are a third not applying?

    May 15, 2025

    E-Invoicing: The Lifeline UK Small Businesses Can’t Afford to Ignore

    • Health & Safety
    January 29, 2025

    UK takeaways guilty of shocking hygiene failures:

    December 18, 2024

    Comment on Covid Corruption Commissioner Investigation

    • Events
    November 19, 2024

    Seventeenth Global Entrepreneurship Week (GEW)

    October 22, 2024

    Winners Announced for Sheffield Business Awards 2024

    • Community
    May 14, 2025

    Social care experts launch an online marketplace to disrupt a sector in crisis.

    May 1, 2025

    A Marathon Effort: Managing Director Raises Over £4,000 for Charity

    • Food & Drink
    April 16, 2025

    Cutting Down on Business Costs in Your Cafe

    April 15, 2025

    Allergy Awareness Advocate Julianne Ponan MBE To Address Gousto   

    • Books
    April 24, 2025

    Values-Driven Professionalism: A Path to Client Loyalty

    December 2, 2024

    Banish the banshee boss: how to lead without fear – addressing the issue of fear-based management and how NOT to be this manager

    About

    SME Today is published by the same team who deliver The Great British Expos’. We have been organising various corporate events for the last 10 years, with a strong track record of producing well managed and attended business events across the UK.

    Join Our Mailing List

    Receive the latest news and updates from SMEToday.
    Read our Latest Newsletter:


    Sign Up
    X (Twitter) YouTube LinkedIn
    Most Recent Posts
    May 16, 2025

    SMEs say funding is vital – so why are a third not applying?

    May 16, 2025

    The CEO of Nothing. Why You Should Avoid ‘Gurus’

    May 15, 2025

    Can an ex-employee be silenced by an NDA in 2025?

    May 15, 2025

    E-Invoicing: The Lifeline UK Small Businesses Can’t Afford to Ignore

    May 14, 2025

    Social care experts launch an online marketplace to disrupt a sector in crisis.

    Categories
    • Books
    • Community & Charity
    • Education and Training
    • Environment
    • Events
    • Features
    • Finance
    • Food and Drink
    • Health & Safety
    • HR & Recruitment
    • In Profile
    • Legal
    • Marketing
    • News
    • Property & Development
    • Sponsored Content
    • Technology
    • Transport & Tourism
    • Wellbeing & Mental Health

    Copyright © 2020 SME Today.

    • ABOUT SME TODAY: THE GO TO RESOURCE FOR UK BUSINESSES
    • Privacy
    • Contact
    Copyright © 2025 SME Today.
    • ABOUT SME TODAY: THE GO TO RESOURCE FOR UK BUSINESSES
    • Privacy
    • Contact

    Type above and press Enter to search. Press Esc to cancel.