Legal update – Navigating a Severe UK Flu Season 

 

What Employers and Employees Need to Know 

The UK is facing one of its most challenging flu seasons in years, with hospital admissions reaching record highs and health experts warning of widespread influenza. For employers, this means taking proactive steps to protect staff, maintain business continuity, and comply with legal obligations. 

This year’s flu season began earlier than usual and is being driven by aggressive strains and high transmission rates. Hospitalisations have surged compared to previous winters, prompting public health leaders to recommend familiar infection-control measures such as mask-wearing, hand hygiene, and improved ventilation. Workplaces, particularly indoor environments, are at heightened risk of illness spreading quickly among colleagues, which can lead to absenteeism, reduced productivity, and operational strain. 

Under UK law, employers have a duty to ensure, as far as reasonably practicable, the health, safety, and welfare of employees. This includes mitigating risks from seasonal illnesses like flu. Risk assessments should be reviewed to address flu-related hazards, and organisations should reinforce their health and safety policies, making clear how these apply during periods of increased illness. 

Prevention plays a critical role. While employers cannot mandate flu vaccination, they can encourage uptake and make access easier. Promoting the NHS flu jab programme, sharing information about eligibility and benefits, and offering workplace flu clinics or flexible time off for appointments are effective strategies. Well-informed employees are more likely to make health-conscious decisions, which benefits both individual wellbeing and organisational resilience. 

Absence management is another priority. Employers should revisit and communicate sickness policies to reassure staff and reduce infection spread. Clear reporting procedures, discouraging presenteeism, and offering flexible work arrangements such as remote or hybrid options can help maintain continuity while limiting contagion. Supporting employees through high sickness periods demonstrates a commitment to wellbeing and helps sustain morale. 

Maintaining workplace hygiene is essential. Increasing cleaning of high-touch areas, providing soap, sanitiser, and tissues, and encouraging good etiquette such as covering coughs and sneezes can significantly reduce transmission. Optional mask use for symptomatic staff, as recommended by health leaders, may also help curb infection in close-contact settings. 

Employers should pay particular attention to vulnerable employees, including those with chronic conditions, pregnancy, or compromised immunity. Reasonable adjustments under the Equality Act 2010 may include remote work, adjusted duties, or enhanced PPE. Tailored measures reduce health risks and ensure compliance with equality obligations. 

Finally, communication is key. Regular updates on policies, health advice, and available support, combined with training for managers to handle sickness conversations with empathy, foster a culture where recovery is prioritised over presenteeism. When employees trust that their health is valued, organisations benefit through stronger engagement and reduced long-term absence. 

This winter’s flu surge is a reminder that health readiness is integral to organisational resilience. By planning ahead and taking proactive steps—from vaccination promotion to flexible absence management—employers can protect their workforce and maintain operational strength. With flu cases rising sharply across the UK, preparation is not optional; it is a responsibility. 

 

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