Bosses 'risk lawsuits from staff who get virus at work'

Employees under pressure not to take time off and supermarket checkout staff who deal with hundreds of people a day were more likely to have a case, firm Dickinson Dees said.

The firm's employment law partner James Wilders said cashiers would be "acting completely reasonably" if they refused to serve a customer who was sneezing and spluttering and could complain if they were forced to do so.

He said employers also left themselves open to legal action if they failed to provide soap in office bathrooms, or if staff were infected by sick colleagues who were not "sent home promptly" when they developed flu symptoms or who were asked to return before they had fully recovered.

Mr Wilders said: "In the most tragic instance, if someone died from swine flu and their relatives could show they probably contracted the disease at work because of lax health and safety procedures, it could be potentially very costly for the employer.

"Employers have a duty of care to their employees and that means providing reasonable protection for their staff from swine flu.

He said companies could avoid lawsuits by taking additional measures such as separating desks and allowing staff to work from home. He said companies should ensure their employers liability insurance covered swine flu.

"We live in a litigious society and if people think they have a chance of winning, they will try," he said.