Employers should think carefully before reducing sick pay for isolating unvaccinated staff, according to an employment solicitor.
Joanne Stronach, head of employment law and HR at Cartmell Shepherd Solicitors, said companies could be at risk of contract or discrimination claims if they introduce rules without first seeking legal advice.
The warning comes after several national companies including Ikea and Morrisons cut sick pay for unvaccinated staff who are self-isolating due to Covid-19 exposure.
All employees at the companies who test positive for the coronavirus - regardless of whether they are vaccinated - will still receive full sick pay.
However, unvaccinated staff who are required to isolate because they have been identified as a close contact of someone with the virus will only receive statutory sick pay unless there are mitigating circumstances.
Stronach said the inclusion of ‘mitigating circumstances’ was crucial to understanding the law behind the move.
“Companies have introduced these measures in order to reduce the impact of the recent surge in Covid cases on staffing costs and to encourage vaccination but there are nuances to them which don’t always hit the headlines.
“There are many personal circumstances which might prevent someone from being vaccinated including serious medical conditions, pregnancy complications, religion or race - these could fall under protected characteristics under the Equality Act.
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