Employers failing to protect staff from swine flu could face compensation claims
Legal professionals have warned that swine flu victims could sue their employers for tens of thousands of pounds if they can prove that they contracted the illness at the workplace.
Firms could face costly personal injury claims if they fail to adequately protect their workers from the H1N1 virus. Therefore employers are being urged not to ask staff to stay at work or to come in if they are exhibiting symptoms of the illness, as doing so could be in breach of the Health & Safety Act.
Managers should take necessary precautions as early as possible to ensure their employees are protected. As the Government has predicted that up to 12% of the British workforce could be off with swine flu by September, employers who protect their staff in advance will be protecting themselves from potential employment compensation claims and excessive absences.
“If employers can show they have taken reasonable steps to provide a safe working environment, they will not be liable, either in criminal or civil proceedings,” said James Wilders, employment law partner at law firm Dickenson Dees.
“These do not need to be complex and would include ensuring rooms are properly ventilated, having soap and hygiene gel available, communicating company policy on illness and, above all, ensuring people with symptoms are sent home promptly.”