If there are any changes to the way sickness absence should be reported, these should be updated in the employee handbook, Karen advises. She adds: “Sickness policies may also be updated with reference to pay and reporting arrangements where someone is required to self-isolate due to displaying symptoms or coming into contact with someone who has Covid-19.
“In addition to physical health, the Covid-19 pandemic has been well-documented as taking its toll on mental health.
“Where employers do not have a policy in place, they may wish to introduce one, outlining what staff should do if they are suffering from stress or anxiety and where they can go for help.”
Victoria Mitchell, associate partner Farleys, also stresses that employers should ensure their flexible working policies are up to date and “fit for purpose”.
They also need to be sensitive towards childcare issues and, where possible, accommodate reasonable requests such as changes of hours.
She says: “A failure to permit part-time working can potentially give rise to claims for indirect sex discrimination, where the reason for the request is due to childcare responsibilities.”
Victoria Mitchell
Employers have a legal duty to ensure the health and safety of all employees, including those working from home. Looking ahead, Victoria says: “Employers that are putting in place longer-term home working arrangements should now establish a system for carrying out regular risk assessments to ensure employees can work safely from home.
“This may mean making adjustments, particularly for employees with a disability.”
She adds: “It is imperative for employers to maintain regular communication with all their staff. This is important for managing expectations on both sides and for maintaining reporting lines between managers and their teams.”
...but we believe the law should be
Whatever 2021 throws at you, Farleys are here to help with down to earth legal advice tailored to you and your business.
Expert View
COMMERCIAL CONTRACTS IN A POST-COVID WORLD by Stephen Greenwood
partner at Farleys Solicitors
If you had asked most business owners in the UK what event was likely to most impact their contracts at the start of 2020, I expect most would have said Brexit.
The impact of the then yet to be named Covid-19 disease spreading from the Far East would probably have been well down the list of concerns.
However, most have felt the effect of government attempts to control it. A couple of areas in particular have come into focus – force majeure and electronic signatures.
Force Majeure
Once again, easily overlooked force majeure clauses have been particularly important. To allow a party to suspend performance of its obligations under a contract a force majeure clause must be present in a contract, and wide enough in scope.
In his 2020 documentary ‘Extinction: The Facts’, David Attenborough warned that humanity will face growing numbers of pandemics as a result of loss of biodiversity.
If that is the case then businesses must always consider how their ability to perform their obligations in contracts
could be affected by the kind of disruption experienced in 2020, bearing in mind that a future pandemic could be far more serious and most insurers have acted to exclude pandemic cover from the protection afforded by their business interruption policies.
Electronic Signatures
Video meetings became the norm as we adapted to the pandemic. Alongside that businesses increasingly adopted virtual signing as a means of completing contracts.
The Law Society issued timely guidance in 2019 confirming that electronic signature of documents including deeds is valid. Nonetheless, certain formalities must be observed or parties will risk creating a non- binding document. Worse than finding out that a force majeure clause is inadequate or has unintended consequences would be finding that a whole contract doesn’t exist as a result of defective signature.
Whether a contract needs to be drafted up or advice is required on particular aspects such as force majeure or methods of signature, professional advice should always be sought.
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LEGAL VIEW
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