Interesting questions on medical questionnaires, pregnancy discrimination, zero hours contracts, rest days and more in this week’s Q&As
Covid and work
Q. I am messaging you regarding catching Covid while working in health care. We had a outbreak of 19 of the 21 service users catching Covid and then majority of the staff including myself. I have been informed by my employer that I am not entitled for statutory sick pay as I had to be off work for a minimum of 4 shifts and then I would be paid sick pay. I was not sick or had any symptoms and was willing to attend work to do my job but my employer refused this. I have been informed that I can take holiday pay for the time I was at home. Please can you possibly advise me?
A. This issue is cropping up quite a bit now. Covid guidance has now changed and it’s not a statutory requirement to self isolate if you have Covid, although government guidance still recommends staying at home. The government is treating Covid infection on a par with the flu. Many staff come to work with the flu - some have it worse than others and it’s the same with Covid. It sounds as though you were asymptomatic.
Obviously your employer does not wish to spread Covid in your health care setting and has a duty of care to those being cared for. However, for those who have Covid, SSP rules now apply and they have reverted to the pre-pandemic position. So, you must have the four ‘qualifying’ days off work to be eligible for SSP.
That doesn’t help you if you feel ready and fit for work. There is an argument (which I subscribe to), that if you are prevented from working then you should receive your normal remuneration until you are allowed back.
Clearly, your employer sees this differently, but he/she can take mitigating steps, such as requiring you to wear full PPE, increased ventilation in your workplace, temporarily moving you to a role where you can work alone. There are a number of options which should be investigated before sending you home.
I would write a grievance requesting full pay whilst you are prevented from working and if that doesn’t bear fruit put in an employment tribunal claim for an unlawful deduction from pay and let the tribunal judge have the final say.
Medical questionnaire
Q. Hello sir, I have a quick question and I hope you don't mind the email. My wife received a job offer for a care home. She then received paperwork to fill in, but there's a medical questionnaire which states they will use her answers to decide if she's medically suitable to undertake the role. Just want to check if this is above board. My wife has a cyst which might need surgery in the next year or so, and she is worried that by being honest she might be rejected for the job.
A. Firstly. medical questions relating to the suitability for the role should not be asked before a job offer is made. Once an offer has been made and accepted
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