Further to our report in the People Bulletin on 12 May ‘All penned in?’, the prospect of personal injury claims being brought by employees who say they contracted swine flu at work is, according to a report in The Guardian on 28 July 2009, a very real prospect. With almost 190,000 employment tribunal claims last year, employees are clearly becoming more litigious and the report comments that lawyers believe those most vulnerable to the pandemic, such as pregnant women and the disabled, are particularly likely to sue ‘if they can show adequate precautions, such as flexible working, were not offered by their employers.’
Guidance for employers on preparing for a flu pandemic is published by The Faculty of Occupational Medicine. It includes basic facts about the disease, infection control and treatment, and advice on coping with the operational consequences of a pandemic. It makes the point that organisations should already have disaster plans in place to deal with events such as fire or loss of IT and the plans for pandemic flu would draw on these plans but must also consider:
- How to cope with widespread cuts in supplies, transport, technical help etc.
- Identifying in advance any tasks or jobs that might offer potential for remote working.
- Who might be able to step into the roles of front line staff.
- What groups of staff might be most affected by school closures, and make contingency plans for any key roles -to be covered by those who do not have school age children or elderly dependants.
- What amendments might be needed to absence policies to take account of the special circumstances of pandemic flu. These could include staggered shifts and absence due to voluntary quarantine, or unforeseen child care problems. The implications for pay need to be identified.
- If employers have health care staff – for example occupational health departments – they should be aware that they may be called by the NHS to treat the population.
www.facoccmed.ac.uk