PEOPLE PLATFORM

HR BRIEFING NOTE
COVID-19 BRIEFING AT 11 MARCH 2020
INTRODUCTION
In light of the risks to business posed by COVID-19 (CORONAVIRUS), member banks will be aware of
the statement issued by the FCA last week which said:
We expect all firms to have contingency plans in place to deal with major events. Alongside
the Bank we are actively reviewing the contingency plans of a wide range of firms. This
includes assessments of operational risks, the ability of firms to continue to operate
effectively and the steps firms are taking to serve and support their customers.
We expect firms to take all reasonable steps to meet their regulatory obligations. For
example, we would expect firms to be able to enter orders and transactions promptly into
the relevant systems, use recorded lines when trading and give staff access to the
compliance support they need. If firms are able to meet these standards and undertake
these activities from backup sites or with staff working from home, we have no objection
to this.
We are discussing with firms and trade associations any particular issues they may have
and are working with them to resolve these. We want to understand the pressures they
are facing and will be continuing our active dialogue with firms, institutions and industry
bodies in the coming days and weeks. We will keep our guidance under review as
necessary.
If firms have any questions they should contact us in the usual way.
The AFB has written to the FCA with an offer to join all calls/roundtables that might be set up as a way
of facilitating dialogue. In particular, we have expressed member banks’ concerns regarding capacity
issues (that could arise as a result of changes to working patterns and possible illness) that are likely
to impact reporting and deadlines for the implementation of certain initiatives, such as DAC6, LIBOR
Transition and Making Tax Digital.
Furthermore, in collaboration with Marriott Harrison LLP, we have produced the following briefing
note that member banks may find useful for their immediate action.
WHAT SHOULD BANKS BE DOING NOW?
NOTE: This situation is changing daily. Please follow up to date governmental advice. What follows
is intended as practical guidance which is appropriate at the date of publication.
The issues to consider now are:
• Encouraging employees and visitors to wash their hands regularly;
• Placing hand sanitisers around the office and encouraging their use;
• Making sure banks have up to date contact information for all staff members and making sure
managers have the information for their direct reports;
• Making sure managers know what the symptoms of COVID-19 are and how to spot them;
• Having a plan to close the bank’s workplace or to drop down to a skeleton staff. This will include:
making sure as many people as possible have the facility to work from home e.g. checking
everyone has a laptop, charger, broadband, etc. at home
• Preparing an external statement to respond to media enquiries and to place on the bank’s
website (i.e. “we have a sophisticated and tried-and-tested home working policy and our service
to our customers will not be affected”. You may want to prepare a number of different
statements for use in different situations (e.g. office closure, skeleton staff, etc.) and get pre-
approval on the wording at board-level;
• Getting a room ready in the office in case an employee develops symptoms whilst at work. This
should preferably be a room with a telephone, with/near to its own private bathroom and one
not containing confidential/sensitive documents;
• Considering whether overseas travel is really necessary;
• Considering whether face to face meetings are really necessary;
• Keeping staff updated: Good policies are only useful if employees are aware of them;
• Being prepared to clamp down on the mistreatment of anyone from high-risk areas. You may
need to remind employees of your ‘dignity at work’/’equal opportunities’ policy and may even
need to start disciplinary action if this is not observed.

WHERE TO GET THE MOST UP TO DATE INFORMATION

• https://www.gov.uk/government/topical-events/coronavirus-covid-19-uk-government-
response contains various links to NHS, FCO and other government guidance
• https://www.acas.org.uk/coronavirus contains practical guidance for employers.

FAQ
What if an employee goes into self-isolation or ‘quarantine’?
• If they can work from home, fine (assuming they haven’t been told not to by a medical
professional).
• If they can’t work, there is a question over whether you have to pay them. The answer is “it
depends”. If they have a ‘sick note’ (unlikely, given they won’t be allowed to go to their GP) or if
they have been told by the NHS 111 line to self-isolate then they should be paid sick pay as if
they are sick in the normal way.
• If they haven’t got a ‘sick note’ or been told by 111 to self-isolate then strictly you do not have
to pay but at least in the early stages the best practice will be to pay sick pay in the normal way,
to encourage employees not to come in and spread the disease.
What if an employee refuses to come to work due to concerns about the risk of catching the virus
at work or on the train?
• If an employee doesn’t have symptoms but they are fearful of catching COVID-19 on a packed
train or in the office; the ACAS guidance referred to in the weblink above is helpful here. It says:
(a) listen to their concerns and (b) if you think it’s genuine, then (c) try to resolve their issue. This
might include offering a late start and late finish (to avoid busy trains), making working from
home easier, or offering the employee their own room to work in. It’s going to depend on what
their specific concerns are but follow the up to date guidance and try and make it work on a case
by case basis.
Can we tell an employee not to come to work if they have been to a high-risk area?
• Probably, but we strongly suggest you document your thought process first to avoid any
accusation that you are taking a different approach with different classes or groups of people
which could open up a risk of a discrimination accusation. In this situation you will have to pay
employees as normal.
What if an employee feels unwell having just come back from a high-risk area?
• You need to be prepared to act fast;
• Keep them at least 7 feet (c.2 metres) away from other people;
• Ask them to go somewhere where you can shut the door behind them (see above re getting a
room ready);
• Ask them to avoid touching anything;
• Ask them to only cough or sneeze into tissues or into their elbow (not their hand); and
• once they are isolated, get them to call 111 and follow the instructions they’re given.
What if someone needs time off to look after someone else? For example, a child if school is
closed.
• Employees are entitled to ‘reasonable’ time off to care for ‘dependents’. Reasonable time is only
as much as they reasonably need to put in place alternative arrangements (e.g. to arrange a
child-minder). This time does not need to be paid.
• Practical considerations might take over here and you may need to display more flexibility to let
employees work from home if this is feasible.
QUERIES AND FOLLOW-UP
If you wish to speak to one of the AFB team, please feel free to contact
Ilza Javed, Associate, Practice and Events
+44 (0) 020 7283 8300
ilza.javed@foreignbanks.org.uk
Alternatively, please feel free to contact the following individuals from Marriott Harrison LLP:
Bob Mecrate-Butcher
0207 209 2017
bob.mecrate-butcher@marriottharrison.co.uk
Ed Belam
0207 209 2093
ed.belam@marriottharrison.co.uk

Issued March 2020

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