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Safety Nudges

Monkeypox in the Workplace.

Published by Safety Net Team

June 7, 2022

Employers’ Duties

The duties of an employer will be varied in this regard and mainly centre around the maintenance of a safe environment within which to work.

  • The Health and Safety at Work, etc Act 1974 (HSWA) requires employers to ensure, “so far as is reasonably practicable”, the health, safety and welfare of their employees and other persons who may be affected by their work. This includes sub-contractors and the general public.
  • It is unlawful for an employer to dismiss an employee where the employee has a reasonable belief that the workplace poses a serious and imminent danger to their health that they cannot reasonably be expected to avert (s.44/s.100, Employment Rights Act 1996).
  • An employer should undertake risk assessments to identify any risk that monkeypox creates and take reasonable action to ensure those risks are mitigated.
  • An employer must process any information regarding an employee’s health in line with the specifics of the Data Protection Act 2018.

Employees’ Duties

Employees must:

  • report any absence from work due to sickness within the time specified by the employer or within seven calendar days of the first day of incapacity
  • provide evidence of sickness in the form of a fit note or self-certification form, if requested; fit notes are required after seven calendar days of sickness.

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