We are doing all we can to support our Members during this difficult time. Please bear with us when calling our membership team or legal helpline as we are currently inundated with enquiries from Members. Please try calling back, but in the meantime the following FAQs may answer your questions.

Salons and must barbershops must close

Please note: the government has ordered salons and barbershops to close with effect from 23 March 2020. Download a client information poster to display in your salon/barbershop and on your website and social media. You can also download an email and social media message for clients.

Please now see the following support and advice available:

Find specific government information for:

Visit the government's coronavirus financial support page.

Read the latest advice from the NHS.

The following FAQs were published before salons and barbershops were told to close:

The following FAQs were published before salons and barbershops were told to close:

What is the coronavirus? 

Coronavirus is a virus that is causing the new illness COVID-19 which can affect lungs and airways. 

What are the symptoms? 

  • A high temperature – you feel hot to touch on your chest or back.
  • A new, continuous cough (you are coughing repeatedly).

Go to the NHS website for detailed advice about how to avoid catching and spreading the virus and what to do if you or someone you know has the symptoms. 

Can I require my employees to stay away from work as a precautionary measure even if they are not sick or showing any symptoms? 

This means that you as the employer have made the decision not to allow the employee to work so they are entitled to full pay UNLESS:

  • You have the contractual right to lay your employee off without pay in these circumstances (see above).
  • The employee is instructed to work from home if feasible (not usually relevant for salons and barbershops).
  • The employee agrees to take annual leave. You can tell your employees when to take annual leave but you must give twice as much notice as the amount of annual leave you want them to take. 

Always take legal advice if you are unsure about this. NHBF Members have access to a 24/7 legal helpline. 

Can I tell my employees to take paid annual leave if I need to close the business for a period of time? 

You can tell your employees when to take annual leave, but you must give them twice as much notice as the amount of leave you want them to take. Call our membership team on 01234 831965 or our free 24/7 legal helpline to make sure your calculations are correct. 

Can I stop clients with symptoms coming into my salon or barbershop? 

Yes. Download an information poster (Update: you now need to download the salon/barbershop closure notice) to display in your salon/barbershop and on your website and social media. The poster asks clients who may be infected to stay away. Make sure your reception team understand the importance of enforcing the rules and feel confident explaining them on the telephone and to clients/potential clients who come into your salon/barbershop. 

Get government advice for cleaning the workplace if someone with symptoms has been in your salon or workshop. 

My employee has rung in with coronavirus symptoms, what should they do? 

If they are unwell or displaying symptoms such as a high temperature or continuous cough, they should self-isolate for seven days. Everyone else in their household should self-isolate for 14 days. See the government’s guidance. 

Your employee will be entitled to any Statutory Sick Pay (SSP) due to them if they need to self-isolate because they:

  • have coronavirus;
  • have the symptoms;
  • live with someone who has coronavirus symptoms;
  • have been told to self-isolate by a doctor or NHS 111; or
  • are acting in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales.

See our update for the latest announcements about SSP including who will cover the cost and when it can start. Employers must keep records but employees will not need to provide ‘fit’ (sick) notes if they are self-isolating in accordance with government guidance. 

My employee’s family member has coronavirus symptoms, what should my employee do? 

If the family member is unwell or displaying symptoms such as a high temperature or continuous cough, they should self-isolate for seven days. Everyone else in their household including your employee should self-isolate for 14 days. 

If your employee develops symptoms, they will need to self-isolate for seven days from the time their symptoms start, even if this means they are at home for longer than 14 days. See the government’s guidance. 

Your employee will be entitled to any Statutory Sick Pay (SSP) due to them if they need to self-isolate because they:

  • have coronavirus;
  • have the symptoms;
  • live with someone who has coronavirus symptoms;
  • have been told to self-isolate by a doctor or NHS 111; or
  • are acting in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales.

See our update for the latest announcements about SSP including who will cover the cost and when it can start. Employers must keep records but employees will not need to provide ‘fit’ (sick) notes if they are self-isolating in accordance with government guidance. 

My employee has returned from holiday – do they need to self-isolate? 

If they are unwell or displaying symptoms such as a high temperature or continuous cough, they should self-isolate for seven days. Everyone else in their household should self-isolate for 14 days. See the government’s guidance. 

Your employee will be entitled to any Statutory Sick Pay (SSP) due to them if they need to self-isolate because they:

  • have coronavirus;
  • have the symptoms;
  • live with someone who has coronavirus symptoms;
  • have been told to self-isolate by a doctor or NHS 111; or
  • are acting in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales.

See our update for the latest announcements about SSP including who will cover the cost and when it can start. Employers must keep records but employees will not need to provide ‘fit’ (sick) notes if they are self-isolating in accordance with government guidance. 

A member of my employee’s family has just returned from holiday – does my employee need to self-isolate? 

If the family member is unwell or displaying symptoms such as a high temperature or continuous cough, they should self-isolate for seven days. Everyone else in their household including your employee should self-isolate for 14 days. 

If your employee develops symptoms, they will need to self-isolate for seven days from the time their symptoms start, even if this means they are at home for longer than 14 days. See the government’s guidance. 

Your employee will be entitled to any Statutory Sick Pay (SSP) due to them if they need to self-isolate because they:

  • have coronavirus;
  • have the symptoms;
  • live with someone who has coronavirus symptoms;
  • have been told to self-isolate by a doctor or NHS 111; or
  • are acting in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales.

See our update for the latest announcements about SSP including who will cover the cost and when it can start. Employers must keep records but employees will not need to provide ‘fit’ (sick) notes if they are self-isolating in accordance with government guidance. 

My employee has coronavirus – what pay are they entitled to? 

Your employee will be entitled to sick pay in accordance with your company sick pay policy, including  Statutory Sick Pay (SSP). 

See our update for the latest announcements about SSP including who will cover the cost and when it can start. Employers must keep records of their employee's sickness absence. (If your employee has been medically diagnosed they will probably be provided with a fit (sick) note confirming how long they should stay off work.)

My employee has to stay at home and self-isolate – what pay are they entitled to?

Your employee will be entitled to any Statutory Sick Pay (SSP) due to them if they need to self-isolate because they:

  • have coronavirus;
  • have the symptoms;
  • live with someone who has coronavirus symptoms;
  • have been told to self-isolate by a doctor or NHS 111; or
  • are acting in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales.

See our update for the latest announcements about SSP including who will cover the cost and when it can start. Employers must keep records but employees will not need to provide ‘fit’ (sick) notes if they are self-isolating in accordance with government guidance. 

Can my employees stay off work because they are afraid of catching the virus? 

Always listen to their concerns and try to take steps that will make them feel more comfortable about coming into work. 

If they still do not want to come in and you have read all the government and NHS advice and consider the risk for your salon/barbershop's staff and clients to be low, any employees who wish to stay off work can be given the option to book annual leave or take unpaid leave if you are willing to offer this option. You do not have to agree to do this. 

Employers can insist on attendance if the employee’s concerns are unfounded but this may be difficult to do in practice. And while it is true to say that this may amount to refusing to follow a reasonable management instruction and could result in disciplinary action, remember that most people are doing their best to act responsibly and prevent the spread of the virus. Employers are advised to be sympathetic to their employees at this difficult time.

Always take legal advice before taking disciplinary action. NHBF Members have access to a 24/7 legal helpline. 

What if my employee cannot get to work because of travel restrictions? 

In these circumstances, you do not have to pay your employee their usual salary. Your employee would be taking unpaid leave. 

You could allow your employee to take annual leave. The situation would change if they are required to self-isolate or become ill. 

Your employee will be entitled to any Statutory Sick Pay (SSP) due to them if they need to self-isolate because they:

  • have coronavirus;
  • have the symptoms;
  • live with someone who has coronavirus symptoms;
  • have been told to self-isolate by a doctor or NHS 111; or
  • are acting in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales.

See our update for the latest announcements about SSP including who will cover the cost and when it can start. Employers must keep records but employees will not need to provide ‘fit’ (sick) notes if they are self-isolating in accordance with government guidance. 

What if an employee becomes unwell at work with coronavirus symptoms? 

Instruct your employees to let you know straightaway if they have coronavirus symptoms.

If anyone starts to develop symptoms, they should go home immediately and self-isolate for seven days. (Anyone who lives them will need to self-isolate for 14 days.) 

Ring 999 if your employee becomes seriously ill or their life appears to be at risk. 

Get government advice for cleaning the workplace if someone with symptoms has been in your salon or workshop. 

Can my employee stay off work to look after a dependant who has coronavirus or has been told to stay at home (for example, school closures)? 

Employees are entitled to a reasonable amount of unpaid time off to deal with an emergency relating to a dependant including children. (Some employment contracts may state that this type of leave is paid – always check.) 

If more time is needed than the usual 24/48 hours, and/or the reason for being off is to care for the dependant rather than make arrangements for someone else to care for them, alternative arrangements are needed:

  • Your employee could take annual leave or unpaid leave.
  • Consider whether there is any entitlement to parental or other types of leave.
  • Consider offering your employee different hours so they can be at home more during the day when their children would normally have been in school.

Try to keep up to date with new financial measures as they are announced by the government – financial support may become available to make payments to staff who are taking unpaid leave.

Important: If a child or someone else in your employee’s household has coronavirus symptoms, your employee must self-isolate for 14 days and will be entitled to any Statutory Sick Pay due to them. 

Please note: the government is advising that children should not be left with elderly relatives. 

What about pregnant employees? 

Unfortunately, the rights of pregnant employees in relation to coronavirus remain unclear at this time. Pregnant women have been advised to work from home if possible. However, stylists or therapists cannot do this. 

The only legal advice we currently have is to consider taking extra precautions for pregnant employees and monitor government announcements every day. Review and update your pregnancy risk assessments to reflect any changes that are made. 

Can I stop paying commission to help protect my business finances at this time? 

If your commission scheme is included as part of your employment contracts, you will need to take legal advice as any non-payment could amount to a breach of contract.   

Also, be aware that if you have paid commissions for a long time your employers could argue that they have become an ‘implied’ term of their employment contract, even if it’s not in writing. Again, you will need to take legal advice.  

Remember that if you stop paying commissions, you must ensure all your employees still receive the National Minimum Wage. 

 

 

Author: NHBF | Posted 23 Feb 2020