As the Covid-19 restrictions are being eased, there are several issues employers should consider to ensure they are complying with government guidelines and their duty of care. Vandana Dass of Davenport Solicitors tell us more…
Returning to the Office: As we are progressing through the government’s lockdown lifting plan, employers should be planning for a phased, gradual return to the workplace. Employers should begin discussing the return to the office so that there is time to deal with any questions or concerns that are raised.
The Decision to Return to the Office: It is unlikely that all employees will have the same feelings and attitudes regarding returning to the workplace. Employers must remember their duty of care to employees and take an individualised approach considering employees physical, emotional, and mental wellbeing. Employers should have open and honest communications with their employees on a one-to-one basis or send out a questionnaire about how they feel about returning to work.
Employers should listen to their employees’ concerns. If an employees’ preference of returning to the office or wanting their position to remain permanently remote does not match the employers’ needs, they may need to make a flexible working request, in line with the employers’ flexible working policy.
Terms and Conditions of Employment: Returning to the office may result in a change to an employee’s terms and conditions of employment i.e. redundancies may have been made, which may have resulted in an employee’s role being expanded. Employers should be careful when amending/updating an employee’s terms and conditions of employment as there is a strict process that should be followed, including a consultation with the affected employee. Employers should check whether the contract allows for the changes to be made. It is always advisable to seek express agreement to any changes in the terms and conditions of employment.
Health and Safety: Before any employees return to the workplace, employers should consider their duty of care and health and safety. Employers should undertake a physical inspection, risk assessment of their premises to consider any physical changes that may be required.
In addition to changes that may be required, additions may also be needed. To minimise the spread of the infection, employers may want to request that their employees wipe down their workspace that the end of the day and regularly use hand sanitiser. Where an employer is requesting an employee to use cleaning/hygiene products, they should be provided to employees. It may be appropriate for a deep clean of the premises to be carried out. Depending on the sector a business operates in, there may be government-mandated steps to be taken i.e. those who work in hospitality and retail are required to wear face masks and/or gloves. Where employees are required to wear PPE, employers should consider offering training on how it is used correctly as if PPE is used incorrectly, it may be inactive.
Employee’s wellbeing: The Covid-19 pandemic may also have had a negative impact on employees’ mental health as reports show an increase in the number of people in the UK suffering from anxiety and depression. Employers should consider introducing a Mental Health policy to inform their employees of the steps they will take to support them and the services they offer.
Furlough Leave: The government’s current plan on lifting restrictions states that all restrictions shall be lifted on 21 June 2021 with the government-supported furlough leave (the Coronavirus Job Retention Scheme) ending on 30 September 2021. Therefore, employers should review how their business is doing once restrictions are lifted to consider whether they will be in a position to continue to employ all their staff once furlough leave ends and whether redundancies are required.
COVID-19 Testing: Not everyone who has Covid-19 display symptoms; therefore, testing is important to track those infected. Individuals who know their status can obtain the appropriate care and isolate, which can reduce the spread of the virus. Employers can encourage their staff to take a lateral flow test before they attend the workplace if they do not have symptoms.
Changes to lockdown will impact different sectors in different ways, and the current plan may be changed at short notice. Communicating with staff and keeping them informed of the plans for the business may provide them with certainty in what remains uncertain times.