In recent weeks, we have seen the rules surrounding self-isolation change rapidly, both for COVID-positive individuals and those identified as close contact.

In late December 2021, self-isolation guidance was relaxed for people who have been vaccinated, meaning they were no longer required to self-isolate if they came into close contact with a COVID-19 positive person, however they were required to take a lateral flow test for 7 days after exposure.

Unvaccinated individuals within England, are still required to self-isolate for 10 days following contact with someone who tested positive for COVID-19, regardless of whether they become infected as well unless you are exempt.

With increased pressures on businesses as a result of rising COVID-19 cases and the need for people to self-isolate, this week, it has been announced that Next and Ikea, will be cutting sick pay for unvaccinated staff who must self-isolate because of COVID-19 exposure.

Both retailers have acknowledged that this was an “emotive topic” but said it comes as firms struggle with mass staff absences and rising costs due to the rapid spread of the Omicron Variant. Ikea and Next are amongst the companies that have recently amended their sick pay policies.

Ikea has brought in changes to their policy to cut sick pay for unvaccinated staff who need to isolate because of COVID-19 exposure and in some cases for workers who test positive.

Next have taken a similar approach to Ikea, however, they have confirmed that unvaccinated workers who test positive are still being paid in full for the time they need off, however, those who are required to self-isolate due to having been identified as a close contact of someone with COVID-19 could now receive the Statutory Sick Pay a minimum of £96.35.

The companies’ decision to change sick pay policy’s highlights a shift in the way that many employers are handling the pandemic. It is thought that many firms are likely to follow suit as they try to manage the recent surge in cases.

But what are the legalities of this change?

It is clear that a change of this nature, puts unvaccinated employees at a particular disadvantage, and therefore it needs to be carefully considered what an individual’s reason is for not having the vaccine ahead of just cutting their sick pay.

An employee’s vaccination status may be linked to pregnancy, religion, a philosophical belief, or race, all of which are protected characteristics under the Equality Act 2010.

Taking this into account, the onus is on the employer to ensure they objectively justify every individual case, where they intend to reduce sick pay for an unvaccinated employee. Despite businesses arguing that this change is a proportionate means of achieving a legitimate aim, it could be argued that for such big corporations, saving costs is not a legitimate aim.

In addition to satisfying the above, the employer has to consider what contractual entitlements their employees have and whether changing the policy would be a fair variation to their terms and conditions. To find out more about changing contractual terms of conditions, please click here.

If you are an employee, who has recently been affected by any sick pay changes, please get in touch.

If you are an employer, looking for advice on how to change your policies and how making a change could affect your business, please get in touch.

For advice or for a free assessment contact us today