Why are Royal Mail offices not doing temperature checks
Every other business has to under opening procedures
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Temperature checks
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TrueBlueTerrier
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Temperature checks
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What has the Government said about mandatory temperature checks for employees before they are allowed back to work?
The detailed guidance issued by the Government says nothing at all about whether employers should be checking the temperatures of their staff before allowing them to enter or remain at their work premises. The decision has therefore been left to employers.
But I have seen guidance from the Information Commissioner’s Office that seems to me to give me permission to carry out these checks. Does that make it okay?
At the same time as the Government issued its guidance, the Information Commissioner’s Office issued its own on the data protection issues associated with employers checking whether their staff have the virus. The ICO’s Guidance is here. However, the ICO’s position is not a green light to conduct temperature testing of staff. The critical issue is, as the ICO says, whether the tests are “necessary and proportionate”. This is echoed in the health and safety framework underpinning the UK Government’s Guidance where the underlying requirement is to take reasonable steps to protect staff (and others) from the virus.
So, how do employers in the UK decide what is “necessary and proportionate”?
Employers might take a lead from the fact that the UK Government has not explicitly said that taking employee temperatures is a necessary step. It has access to vastly more information than any employer to make an assessment about whether this would be effective to help prevent the spread of the virus at work, so employers may decide that they should not do so. On the other hand, displaying a high temperature is one of the symptoms (along with a new continuous cough and, now, loss of or change in the sense of smell or taste) that the Government says means that individuals should stay at home for at least seven days. Of course, from an employer’s perspective, a lack of a high temperature does not mean that employees are virus-free (some individuals show no symptoms at all when carrying Covid-19). In addition, a high temperature does not mean that employees have the virus. A high temperature could be caused by a range of things. The most that can be said is that a high temperature could be an indication that an individual is infected.
What if we decide to implement temperature checks and we send employees home or discipline them if they refuse?
An employer cannot compel an employee to have their temperature checked. Accordingly, an employer who sends home an employee who refuses, or subjects them to disciplinary procedures, risks a claim by the affected employee. The same situation arises if the employee agrees to be checked, has a high temperature and is directed to go home, although in that case it is much more likely to be reasonable for an employer to require the employee to go home as a temperature is indicative of an illness (even if not Covid-19) and employees should not be working if they are unwell. In practice it might be expected that such an employee would follow Government requirements in that respect and stay away from work.
What has the Government said about mandatory temperature checks for employees before they are allowed back to work?
The detailed guidance issued by the Government says nothing at all about whether employers should be checking the temperatures of their staff before allowing them to enter or remain at their work premises. The decision has therefore been left to employers.
But I have seen guidance from the Information Commissioner’s Office that seems to me to give me permission to carry out these checks. Does that make it okay?
At the same time as the Government issued its guidance, the Information Commissioner’s Office issued its own on the data protection issues associated with employers checking whether their staff have the virus. The ICO’s Guidance is here. However, the ICO’s position is not a green light to conduct temperature testing of staff. The critical issue is, as the ICO says, whether the tests are “necessary and proportionate”. This is echoed in the health and safety framework underpinning the UK Government’s Guidance where the underlying requirement is to take reasonable steps to protect staff (and others) from the virus.
So, how do employers in the UK decide what is “necessary and proportionate”?
Employers might take a lead from the fact that the UK Government has not explicitly said that taking employee temperatures is a necessary step. It has access to vastly more information than any employer to make an assessment about whether this would be effective to help prevent the spread of the virus at work, so employers may decide that they should not do so. On the other hand, displaying a high temperature is one of the symptoms (along with a new continuous cough and, now, loss of or change in the sense of smell or taste) that the Government says means that individuals should stay at home for at least seven days. Of course, from an employer’s perspective, a lack of a high temperature does not mean that employees are virus-free (some individuals show no symptoms at all when carrying Covid-19). In addition, a high temperature does not mean that employees have the virus. A high temperature could be caused by a range of things. The most that can be said is that a high temperature could be an indication that an individual is infected.
What if we decide to implement temperature checks and we send employees home or discipline them if they refuse?
An employer cannot compel an employee to have their temperature checked. Accordingly, an employer who sends home an employee who refuses, or subjects them to disciplinary procedures, risks a claim by the affected employee. The same situation arises if the employee agrees to be checked, has a high temperature and is directed to go home, although in that case it is much more likely to be reasonable for an employer to require the employee to go home as a temperature is indicative of an illness (even if not Covid-19) and employees should not be working if they are unwell. In practice it might be expected that such an employee would follow Government requirements in that respect and stay away from work.
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SpacePhoenix
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Temperature checks
Temperature checks aren't a foolproof way of determining if someone has coronahans solo wrote:Why are Royal Mail offices not doing temperature checks
Every other business has to under opening procedures
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ripio
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Temperature checks
Every other business also has to comply with social distancing rules, but RM seem to be able to ignore this also.hans solo wrote:Why are Royal Mail offices not doing temperature checks
Every other business has to under opening procedures
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aiden01
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Temperature checks
Social distancing rules are not actually rules they are guidelines.ripio wrote:Every other business also has to comply with social distancing rules, but RM seem to be able to ignore this also.hans solo wrote:Why are Royal Mail offices not doing temperature checks
Every other business has to under opening procedures
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GRS
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Temperature checks
ripio wrote:Every other business also has to comply with social distancing rules, but RM seem to be able to ignore this also.hans solo wrote:Why are Royal Mail offices not doing temperature checks
Every other business has to under opening procedures
Trouble is we don’t know if that’s actually true. Yes the ones that are public facing like shops are doing this as they have a responsibility to the general public but who knows what’s going on in their warehouse, in offices and industrial units throughout the country.