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Legal Services
Returning to work – what you need to know
W
hen the lockdown order was announced, businesses across the region quickly shifted to remote work and encouraged their staff to stay at home, and stay safe. However, as lockdown restrictions
ease, many employers are considering how to safely resume operations. The relaxation of lockdown and return to the workplace may result in a
variety of legal and HR issues which you may not have considered or be ready to respond to. Chamberlink explores some of the steps you will need to follow to make the workplace a safe environment.
Health and safety As an employer, it is your statutory duty to ensure the health and safety at work of your employees. This requires you to implement and maintain a safe system of work and make sure that your employees follow it. Employers will need to carry out Covid-19 risk assessments to establish
what guidelines need to be put in place. The results from the assessment should be shared with all employees. Businesses with over 50 employees must publish the results of the risk assessment on their website – but it’s also a good idea for smaller firms to do the same. Before you re-open the workplace, your risk assessment must factor for
the following: Safe distancing – all workspaces should be re-designed to maintain a two- metre distance between all staff wherever possible. Changing layouts and creating one-way walkways/staircases can help achieve this.
Transmission risk – where the two-metre distance can’t be maintained, you should look to manage the transmission risk. This can be managed by erecting physical barriers between individual workspaces in shared areas and minimising the amount of contact that different teams can have together. Consider providing gloves and disposable supplies such as drinking cups and utensils.
Cleaning – workspaces should be cleaned more frequently. Pay close attention to high contact objects, such as door handles, taps and kitchen
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equipment. Hand sanitising stations should be set up at all entry points, and alternatives to touch-based security devices, such as key pads or fingerprint scanners, should be provided. It is also prudent to check air conditioning and ventilation systems.
Bringing employees back When bringing employees back, consider the following: Staggering shifts – consider staggering start and end times and establishing shifts, so employees can both minimise the amount of interaction they have with each other and also avoid public transport at peak times. Consider flexible schedules that let workers spend some time in the workplace followed by time at home. If it’s possible for staff to continue working from home they should do so for as long as possible.
Reluctant employees – be prepared for employees who are reluctant or unwilling to return to the workplace; they may be from high-risk households, have underlying medical conditions or be unable to travel safely to work. In these instances provide appropriate support but consult legal advice. Under the Employment Rights Act 1996, an employee cannot be dismissed if they leave or refuse to attend the workplace because they reasonably believe there is a serious and imminent danger that they can’t avoid. But if the workplace has the appropriate measures in place and the employee can commute to the workplace safely, it becomes a matter of employer discretion.
Annual leave and time off – workers who have not taken all of their statutory annual leave entitlement due to Covid-19 will now be able to carry it over into the next two leave years, thanks to new Government regulations. The regulations will allow up to four weeks of unused leave to be carried over, easing the requirements on business to ensure that workers take a statutory amount of annual leave in any one year. This will mean staff can continue working without fear of losing out on annual leave entitlement.
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