To Return or Not to Return – That is the Question?

12

May

2020

Coronavirus (COVID-19): Advice for employers and employees on the big return to work question

So Boris Johnson is now actively encouraging those who cannot work from home to return to work, but for those who can work from home, to remain working from home. So the shift has gone from “Stay at Home” to “Stay Alert”.

However, with the restrictions lightly easing tomorrow, employers have a lot of work to do to get the workplaces ready for the employees return. Also employees will have concerns about returning to work and the risks that they may face if their employers haven’t got it quite right.

The Government have put together some guides to assist employers in certain sectors with working safely during coronavirus which can be accessed here

So we have set out some short guidance below about working safely and social distancing.

Working from home

The guidance is clear; if you can work from home, continue to do so.

If you have employees working from home the employer should:

pay the employee as usual;
keep in regular contact with the employee so as to avoid isolation; and
check on the employee's health and wellbeing, which is paramount. They may live at home alone or suffered the loss of a loved one.

Returning to the Workplace

Planning – this is vitally important.

There is no way a business can just re-open its doors without a plan in place and measures actively implemented.

To undertake this it is important for both employers and employees to talk about a potential return as soon as they are able giving as much notice as possible. Employers need to keep up to date with the latest government guidelines plan ahead – copies of the current guidance can be seen here.

When putting a plan together it is important for employers:

consult with the workforce and employee representatives, including any trade union representatives and health and safety officials
check for risks of anyone being harmed in the workplace, i.e. undertake a risk assessment – find out more about risk assessments from the Health and Safety Executive
make the workplace as safe as possible for all employees, customers and anyone else who visits (if you can limit customers and site visits then do so)

It’s good to talk

Some employees may be really anxious about their safety and returning to the workplace. In this instance employers and employees need talk about any concerns openly and freely without reprise and try to resolve them together. If needed an employer can refer the employee to support if needed such as occupational health or mental health services.

What if an employee does not want to go to work?

Some employees may feel that they do not want to return to work due to a risk of catching the virus. As outlined above, it is good to talk and that employee may be high risk, or have a family member who is. Employers should listen to any concerns people may have.

If an employee is adamant that they do not want to return, the employer may agree that the employee takes the time off as holiday or unpaid leave. However, the employer does not have to agree to this.

It is important to note that if an employee refuses to attend work without a valid reason, it could result in disciplinary action. However, before going down such a route advice should first be taken.

What if an employee raises an issue?

If an employee raises any issues employers and managers need to take this seriously. Subjecting an employee to a detriment as a result of raising such a concern in good faith could have significant consequences for any employer.

Overriding Duty of Care - Looking after health, safety and wellbeing

Employers have a 'duty of care' for its staff, customers and anyone else who visits the workplace. In this it means that the employer has to do all it reasonably can do to support the health, safety and wellbeing of those concerned.

As such, the Government has suggested that the following measures are implemented if a return is to be undertaken:

ensure everyone is social distancing if they come into the workplace – tape it out, box areas off;
make sure there are clean places for people to wash their hands with hot water and soap, and encourage everyone to wash their hands regularly;
ensure that there is hand sanitiser available;
be especially careful and take extra steps for those in vulnerable groups, including those who are pregnant, aged 70 or over, or who have a long-term health condition;
avoid any business travel;
encourage employees to travel to work by car, walking or bike (offer incentives cycle to work scheme, additional parking);
hold meetings remotely on conferencing facilities;
ensure that managers, supervisors, team leaders etc. know what the symptoms of COVID19 are and that there are clear procedures on what to do if someone in the work place has suspected COVID19;
ensure all employees know what the Absence/Sickness Reporting Policy is and where it can be found;
make sure everyone's contact numbers and emergency contact details are up to date
keep the workforce updated on the actions being taken to reduce the risks including risk assessments carried out and how often the situation will be assessed; and
keep up to date with the latest Government advice as this changes frequently!