Avon LMC HR FAQs – HR issues and COVID-19 – updated
These FAQs should be taken as general advice and individual circumstances should be considered before implementation. Please do refer to the latest Government guidance (which could be subject to change from time to time). Please note that these FAQs are based on guidance issued at the current time You can contact the HR Team at Avon LMC for further advice where required or where you feel there are circumstances which may not necessarily fit into the examples given.
Q1. What is the procedure for staff to self-isolate?
If an employee is fully vaccinated, they will not be required to self-isolate if they are a contact of someone who has tested positive for COVID-19. It is however recommended that they get a PCR test as soon as possible. If the test comes back positive, they must isolate at this point for 10 days from the date of their test.
The guidance states that even if you are fully vaccinated and have had recent contact with someone who has tested positive for COVID-19 you should try to reduce contact with people outside of your household. You should also practice regular handwashing, wear a face mask, limit contact with anyone clinically vulnerable and take part in regular asymptomatic testing.
Q2. What do I do if an employee self-isolates and feels unwell?
Employees should be paid their contractual sick pay (inclusive of Statutory Sick Pay, and any enhanced provision that you offer) as per your sickness absence procedures and policy and the employee’s contract of employment.
Q3. What do I do if I have vulnerable employees (including those with asthma) who are shielding?
The shielding programme has now ended in England. This means that people who were previously considered clinically extremely vulnerable (CEV) will not be advised to shield in the future or follow specific national guidance.
If you would like support on how to maintain a safe working environment for these employees and the Practice as a whole, please contact the HR team on 0117 970 2755
Q4. Can a staff member self-isolate for 10 days on more than one occasion and if so, how should this be managed?
Yes they can self-isolate on more than one occasion. There is no mention of numbers of occasions that an individual might self-isolate. It is a matter of ensuring that individuals meet the criteria for self-isolation on each occasion. The guidance still stipulates that if an employee is self isolating due to COVID, they are eligible to receive what they would be entitled to within their terms and condition for sickness and absence.
Q5. Can I require staff to take unpaid leave or accept a temporary pay cut?
HR advice should be taken before cutting any employee pay. Please note that practices receive and will continue to receive funding (except in limited circumstances), so the expectation may be that employees should be paid. You need to treat this on a case by case basis.
Q6. How can I ensure that I am following a best practice approach as a reasonable employer during these difficult times?
Treat everyone fairly and consistently, consider each case on its merit, and be mindful of any underlying issues or precedent.
Q7. What are the rights of locum GPs if they are self-isolating?
The vast majority of locum GPs are self-employed and so would not enjoy normal employment rights. Any benefits due to them would be in line with the government guidance for self-employed workers. However, if a locum GP is operating through an agency, the agency would in these circumstances be the employer, and any benefits would be in line with the contract in place between the locum GP and the agency.
Q8. What can I do if locums refuse to come to work, or refuse face-to-face appointments?
If there are grounds for self-isolation, please see above. If locums are providing clinical care, it is perfectly reasonable to request and expect the locum to attend work and carry out either appointments or where possible remotely by agreement. However, the role of a GP locum may not always be fulfilled by simply working remotely. If the locum refuses, you can retract the agreement for using their services, as per the normal processes.
Q9. What are the considerations for indemnity if staff are working from different sites?
Employees are covered if they are part of the NHS indemnity scheme, to work across different sites. However, GPs and nurses would require cover for any work not covered by the NHS indemnity scheme.
Q10. What happens in respect of parental leave?
All usual leave arrangements apply as per your staff handbook and contract of employment.
Q11. What are the recommended contact frequency/approaches whilst employees are off sick?
Normal sickness absence procedures apply, as per sickness absence policy and contract of employment.
Q12. What happens if an employee member triggers/exceeds the Practice sick policy levels?
Normal sickness absence procedures would apply, as per sickness absence policy and contract of employment.
Q13. Do employees need to provide a fit note if they are off sick for more than 7 days?
Normal arrangements will apply for most illnesses. If the employee has Covid19 or is self-isolating they can apply for an Isolation note via the 111 website. This replaces the need for a fit note for people with Covid19.
Q14. What about staff on maternity due to return mid COVID crisis?
Employees and employers need to follow the government guidance in place at the time and act accordingly, and their normal terms of service and contract of employment applies. Avon LMC can help with any specific HR queries, and advice on a case by case basis.
Q15. What measures should be in place regarding BAME and risk assessments
Evidence and analysis indicates that people from Black, Asian and Minority Ethnic (BAME) groups are disproportionately affected by COVID-19. Although it is essential that risk assessments are conducted with staff from BAME backgrounds (or who have households / family members from BAME backgrounds), risk assessments should be undertaken with all staff, whether or not they have an underlying health condition. It doesn’t matter which risk assessment is used as along as the risk assessment conducted is robust enough and would satisfy any court that it was conducted correctly with specific circumstances in mind and always to benefit and protect the individual.
Q16. Foreign Travel During A Pandemic Crisis
From 4am Monday 4 October 2021, the rules for international travel to England will change from the red, amber, green traffic light system to a single red list of countries and simplified travel measures for arrivals from the rest of the world. The rules for travel from countries and territories not on the red list will depend on your vaccination status. If you are fully vaccinated and travelling to a country NOT on the red list, you will not need to isolate.
If an employee needs to quarantine following international travel, they are not entitled to payment for this in the same way they are if they need to self-isolate. You could agree that they can use annual leave to cover the period or take it as unpaid leave. You may want to discuss with the individual prior to them travelling and to consider the impact them having to quarantine on their return to the UK is going to have on the rest of their fellow colleagues.
Q17. I have an employee who is not vaccinated but is required to visit care homes as part of their role. What do we do?
The government has now passed the legislation that states that anyone entering a care home must be fully vaccinated unless they are exempt. This legislation will come into effect on 11th November 2021. If you have an employee whose role requires them to enter care homes, but they are not vaccinated and they are not exempt from having the vaccination, the first step would be to have a discussion with them to understand why they are not vaccinated and if they are going to get the vaccination. If the employee is unwilling to have the vaccination you may have to explore the possibility of whether their care home duties can be done by another employee. However, if this is not possible, please contact the HR team as this is a very complex issue. You can reach us on 0117 970 2755.
Q18. If a member of staff is refusing to get the vaccine, what do I do?
At present it is still voluntary in General Practice for people to have the vaccine. There is a consultation which is looking at the possibility of making the vaccine mandatory for frontline staff in health and social care environments, but this is not yet finalised.
If you have an employee who is refusing to have the vaccine, it is important that you conduct a risk assessment which reflects this and shows the measures that you have put in place to ensure the staff and patients safety.
Q19. How can I access additional HR advice?
Avon LMC provide HR support to all Practices as part of their membership. Please contact amy@almc.co.uk for further details. Support will be tailored to your needs and covers all HR issues.
Last Updated: 29th September 2021
Protocol for LARC fittings in primary care during COVID-19 restrictions easing
The PCWHF has produced this ‘Protocol for LARC fittings in primary care during COVID-19 restriction easing – June 2020’ to enable clinicians to safely restart LARC fitting services. Please click here if you wish to access it.
They have also produced this informative video on the topic. Please click here if you wish to view it.