personal health data and employers need to comply with the data protection rules.
“There is then the potential for added complications in the future in respect of new variants – particularly if it becomes the case that one vaccine is more effective in preventing severe disease than others – and the fair treatment of employees who may have had different vaccines.”
Covid testing in the workplace is another hot topic as Lancashire looks to unlock. Blackburn-based recruitment specialist Laura Hartley says employers face challenges.
She says: “If they test, they are doing the right thing in keeping everyone safe, but if someone tests positive how does that impact business and the individual, also how will employees react to being tested?”
She says: “Employers should communicate with their employees and listen to their concerns. Having answers ready will give employees confidence that they are being looked after and it is for the best for everyone.
“Consider how the employees might feel about testing and why they might see this a negative.”
She says workers may be worried about the financial impact of testing positive, the effect
on their household of isolation and what it means for their sickness or absence record.
Laura says employers should consider if it is possible to top up pay if staff cannot work from home; look at not reporting the absences or reporting positive Covid results differently and to think about a ‘buddy system’ to support workers during isolation.
Communication is vital. She says: “Have a process ready to discuss with employees, including how they will be advised of having a positive result and what will need to happen next.”
She adds: “The absence can also affect the business performance. Is there a skill share pool? Have you a group of employees who can step in to support areas where there is greater risk to staff shortage?
“Will you run overtime or extended hours, how will they be paid financially or time in lieu? Can you upskill people where there is a shortage? Could you have several people who can do multiple roles to float and stand in where needed?
“Ask your employees how they can help, they might have an idea you haven’t or be willing to do more than you think.”
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Expert View
KEEPING TO THE ROADMAP by Sally Eastwood
Farleys solicitors’ employment team
It’s over a year into the Covid-19 pandemic, and while we all hoped that things would be back to normal by now, it is clear that “normal” workplaces are a long way off.
With the government’s roadmap moving along and many businesses returning to the workplace and emerging from restrictions, here are a few considerations for employers before opening doors to staff and customers.
• Risk assessments - To ensure compliance with your duty to provide a safe working environment, you should carry out and implement suitable risk assessments which may include dealing with PPE, social distancing, contact with colleagues and members of the public. Does your insurance policy cover the business if a member of staff contracts Covid-19 whilst at work?
• Assess existing working practices - Consideration needs to be given to employees’ roles, hours of work, terms of employment, location, flexible/remote working and social distancing.
Is it worthwhile considering the use of shift working to limit the number of staff on site to enable this? Staff may have contractually agreed working hours and change to these may require employee consultation.
• Staff wellbeing/morale - The pandemic has affected people psychologically as well as physically. Consider ways in which you can support staff in their return to the workplace and ensure any Covid-19 policies/health and safety information is up to date and communicated to staff in line with government guidance and public health information.
Consult with employees to understand their concerns in returning to the workplace and consider how concerns can be eased. Inform staff of any employee support programmes that may help.
• Review your existing contracts of employment - Should any terms of employment be updated/amended to assist the business in the event of a similar crisis in the future? Consideration could be given to including short-time or lay off clauses.
• Contingency plans - Review and consider any lessons learnt from the experience that can be of use in a similar situation going forward. Should any terms of employment be updated or amended to assist the business in the event of a similar crisis in the future?
It is important for businesses to plan effectively to achieve a smooth return to work and ensure that employees’ health is properly protected whilst enabling the business to run as efficiently as possible.
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