![\"\"](\"https:\/\/cdn-01.cms-eu-v2i.applyflow.com\/identifi-global\/wp-content\/uploads\/2022\/03\/BackToWork.jpg\")
<\/p>\n\n\t<\/p>\n
\n\tAs lockdown gradually lifts, and the government\u2019s furlough scheme is reduced from August, more and more people will be returning to the workplace. While this is good news for the economy, it opens up a logistical can of worms for employers.<\/span><\/p>\n \n\tWith Covid-19 still looming large, employers have a legal obligation to f<\/span>ollow Government guidelines<\/a> in order to protect the health and safety of their workers<\/a>. From protective screens and delineated spaces to temperature testing, there\u2019s a lot to think about. So, what exactly does it take to bring employees back to work safely and ensure you remain on the right side of employment law? <\/p>\n \n\tWe spoke to Adam Wyman, Partner at Travers Smith, and Karen Sanders, another employment law expert and Northants CIPD Committee member for their view. <\/p>\n \n\tFor employers navigating these unprecedented times, Karen and Adam both agree that there are some clear dos and don\u2019ts which provide a good start point for bringing employees back to work. Here are the fundamental things you need to do in order to uphold your duty of care:<\/p>\n \n\t\t\tComplete a <\/span>Covid risk assessment<\/a>, take reasonable steps to prevent any harm from occurring in the workplace, and share this information with staff as well as making it visible on your website.<\/p>\n<\/li>\n \n\t\t\tEncourage any staff who can easily do so to work from home, thereby reducing the number of people in your workplace and making social distancing easier. Help them by making sure they have all the necessary equipment, and ensure that you communicate with them regularly.<\/span><\/p>\n<\/li>\n \n\t\t\tMaintain social distancing as much as possible: use floor tape or other markings to demarcate two-metre areas, create a one-way traffic system through the workplace, put up clear signs to remind employees and visitors to maintain a distance of two metres.<\/span><\/p>\n<\/li>\n \n\t\t\tIf it\u2019s not possible to maintain two metre distancing between staff, you need to find other ways to mitigate the risk. This could include erecting screens or barriers, using back-to-back or side-to-side working, staggering departure and arrival times, and creating work bubbles or teams to limit contact.<\/span><\/p>\n<\/li>\n \n\t\t\tCreate and clearly communicate hygiene and handwashing procedures. Put up signs encouraging people to follow the <\/span>NHS guidance on handwashing and hygiene<\/a>, provide hand sanitiser around the workplace, ensure frequently touched objects and surfaces are regularly disinfected, set clear use and cleaning guidance for toilets.<\/p>\n<\/li>\n<\/ul>\n \n\tBringing employees back to work in the midst of a pandemic is obviously fraught with potential legal pitfalls. Adam is clear: \u2018To discharge your duty of care as an employer, you have to show you are taking reasonable steps to implement and adhere to government guidance.\u2019 <\/p>\n \n\tWith so many factors to consider, a good place to start is by being open and communicative with your employees. As Adam says: \u2018If you\u2019re asking people to come back to work, making sure they have as much notice as possible is important.\u2019 This will give people time to mentally adjust to the change, and to raise any issues, concerns or objections. It\u2019s also crucial that you engage with them about how you plan to make the workplace safe.<\/p>\n \n\tOne of the biggest problems employers face is deciding who comes back and who remains working from home. This decision could be based on the types of roles people have and how efficiently they can do their job at the workplace compared to working from home. You may make these decisions based on risk factors: employees who are older could be considered higher risk, for example.<\/p>\n \n\tWho you choose to return will largely depend on the type of business you have, the demographics of your employees, and your particular needs. Either way, you are likely to face refusal from some employees to return to work. Sections 44 and 100 of the Employment Rights Act 1996 protect this right to refuse, without being penalised. So, what do you do if employees are reluctant to come back to the workplace?<\/p>\n \n\t \n\tYour risk assessment and the health and hygiene procedures you put in place may reassure some people, which is why it\u2019s vital that you follow the basic guidance. However, it\u2019s important to recognise that there may still be some people who won\u2019t feel safe enough to return. Even if you\u2019ve created a safe workplace, what if they\u2019re worried about using public transport? Sections 44 and 100 don\u2019t just cover the workplace, but also their means of getting there.<\/p>\n \n\tIf you dismiss an employee because of their refusal to return to the workplace, you\u2019re likely to find yourself involved in a tribunal regarding unfair dismissal. It\u2019s salient to note that there is no qualifying period for claiming unfair dismissal and that compensation is uncapped. If you refuse to pay them their wages unless they return, you will also find yourself in contravention of employment law, as their reasoning will be protected by Sections 44 and 100.<\/p>\n \n\tIn truth, all you can do as an employer is everything in your power to reassure your staff that their wellbeing is your top priority. For example, if their concerns are around using public transport, you could let them come in later to avoid peak travel times.<\/p>\n \n\tIf you engage with your staff and work to create a safe environment, staff members who do return will feel happy and reassured. They may even share this information with colleagues who haven\u2019t returned, reassuring them that the company is doing everything it can to protect them. Conversely, if you don\u2019t take the guidance seriously or find out what people\u2019s concerns are, getting employees to come back may be the least of your worries.<\/p>\n \n\tIf your employees feel your protocols and measures don\u2019t meet the government guidance, or if they feel unsafe, you could find yourself the subject of a whistleblowing complaint. Of course, the legal ramifications and costs would be one factor to consider, as well as damage to your corporate reputation.<\/p>\n \n\tTaking the time (and spending money where needed), to find out how you can allay your employees\u2019 fears and make them feel safe and comfortable won\u2019t guarantee that they\u2019ll be happy to come back, but it will increase the likelihood of this happening.<\/p>\n \n\tWhen lockdown began, HR leaders were dealing with a crisis; the response was rapid and focused on damage limitation. Now, with the phased return to the workplace, HR managers are focused on recovery – how they can help their organisations thrive whilst ensuring the safety of employees is the top priority.<\/p>\n \n\tThe first question has to be, \u2018do we have to reopen or can we continue to work as we are now?\u2019 If there isn\u2019t a pressing need to get employees back into the workplace, maybe you don\u2019t need to right now. If the answer is \u2018yes\u2019, the next question is one of how you communicate this with employees.<\/p>\n \n\tThey\u2019re likely to want to know why they should come back. As Karen highlights: \u2018If they\u2019ve been productive and happy at home, why should they take even a small risk by returning to the workplace?\u201d<\/p>\n \n\tKaren recommends carrying out individual risk assessments to determine whether or not an employee should return. By looking at risk categories including health factors, age, who they live with, whether or not they can access childcare, you can decide how high the risk is for each employee. This is helpful both for you, the employer, and for the employee. If they are anxious or unsure about whether to return, the outcome of the assessment, and the fact that you are taking their wellbeing seriously, could help to reassure them.<\/p>\n \n\tThe reality is that while we talk of employees returning to work, in truth we are adopting new entirely new ways of working – that\u2019s why planning and communication are crucial.<\/p>\n \n\tFor example: are people getting the information they need as they come back to the workplace? Are there needs for additional technology or tools to ensure effective communication with staff? Have you told them exactly what you\u2019re planning to do in order to keep them safe? Are you certain they have understood the content?<\/span><\/p>\n \n\tKaren believes connecting with employees one-on-one is paramount. \u2018In such uncertain and heightened times, nothing can be taken for granted. An employee who has been self-isolating for ten weeks and who lives alone may be in a very different mental state than someone who lives with family. The fact is you cannot communicate too much. \u2018<\/p>\n \n\tSending communications by message or email doesn\u2019t guarantee that the information has been understood in the way it was intended, so it\u2019s crucial that you directly check in with your staff to find out how they feel and what they think of your plans. One-to-one check-ins with your employees gives them a forum to air their concerns, and allows you to find ways of dealing with any obstacles. <\/p>\n \n\tAnother key factor is how you will enforce and maintain the new workplace habits and guidelines. Do you have a designated manager who will check that the rules are being followed? Who should employees speak to if they have concerns or suggestions? How do you know the practices in place are working? All of these elements require careful thought, planning, and communication.<\/p>\n \n\tBringing employees back into the workplace is not an easy task. Apart from the practical changes and the ongoing management of those protocols, the biggest obstacle is in managing fear and uncertainty. The key to dealing with this is good communication. Above all else, employees want to feel that their wellbeing comes above profit or convenience. They want to know that their concerns will be heard and taken seriously, and that you\u2019re doing everything possible to keep them safe.<\/p>\n \n\t <\/p>\n \n\tImages via Unsplash and Pixabay<\/a><\/em><\/p>\n As lockdown gradually lifts, and the government\u2019s furlough scheme is reduced from August, more and more people will be returning to the workplace. While this is good news for the economy, it opens up a logistical can of worms for employers. With Covid-19 still looming large, employers have a legal obligation to follow Government guidelines… Read More »Returning to work: considerations for employers<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":14216,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","neve_meta_sidebar":"","neve_meta_container":"","neve_meta_enable_content_width":"","neve_meta_content_width":0,"neve_meta_title_alignment":"","neve_meta_author_avatar":"","neve_post_elements_order":"","neve_meta_disable_header":"","neve_meta_disable_footer":"","neve_meta_disable_title":"","footnotes":""},"categories":[38],"tags":[],"class_list":["post-15071","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-career-management"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/posts\/15071","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/comments?post=15071"}],"version-history":[{"count":0,"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/posts\/15071\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/media\/14216"}],"wp:attachment":[{"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/media?parent=15071"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/categories?post=15071"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.identifiglobal.com\/af-api\/wp\/v2\/tags?post=15071"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
\n\tKeeping employees safe<\/h2>\n
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\n\tEmployer responsibilities<\/h2>\n
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![\"\"](\"https:\/\/cdn-01.cms-eu-v2i.applyflow.com\/identifi-global\/wp-content\/uploads\/2022\/12\/OfficeWork.jpg\")
<\/p>\n\n\t“Reassure your staff that their wellbeing is your top priority.”<\/strong><\/h4>\n
\n\tCommunicating with staff <\/h2>\n
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\n\t“It\u2019s crucial that you directly check in with your staff to find out how they feel.”<\/strong><\/h4>\n
\n\t <\/div>\n","protected":false},"excerpt":{"rendered":"