Returning to Work during COVID -19

People wearing masks bumping elbows

Bringing your employees back to work during a pandemic can be tricky and a cautious approach should always be taken. Employees are likely to have a number of different concerns, not least, how can you guarantee their safety. The truth is, this will present a number of difficult challenges, however you can (and should) put measures in place to protect employees and alleviate many of these concerns.

As an employer, you have an obligation to provide a safe system of work and a safe work place. Depending on the nature of your business, these measures may include:

  • Undertaking a workplace risk assessment;
  • Ensuing social distancing can be adhered to;
  • Access to hand sanitiser at various locations within the premises;
  • Introducing a one way system or pedestrian roundabouts in the premises ;
  • Providing PPE;
  • Signage around the workplace reminding employees to wash their hands and to adhere to the 2m rule;
  • Regularly deep cleaning the premises and frequent cleaning of contact surfaces;
  • Staggered start and finish times and rest breaks;
  • Infrared non-contact thermometer to take temperature on arrival;
  • Excluding suppliers and visitors from site;
  • Holding virtual meetings with customers via a video platform such as Zoom or Teams;
  • Installing Perspex screens;
  • Keeping vulnerable employees on furlough;
  • Continuing to encourage and facilitate working from home.

This is an opportunity for many employers to improve efficiencies and make positive changes to the way in which they run their business and to future proof them.

It is likely you may encounter resistance from some employees if you are seeking to un-furlough them or bring them back into the workplace. It is important to listen carefully to their concerns and discuss what measures you have put in place to address their concerns. Remember, the Government advice remains ‘work from home if you can’.

If an employee believes that they are in ‘serious and imminent danger’, you should tread very carefully  before undertaking disciplinary or dismissal action against them, as it may be found to be automatically unfair if it is because they have raised concerns on health and safety grounds. However, similarly, this is not an opportunity for employees to remain away from the work place indefinitely and if the employees do not have genuine concerns about their health, safety and welfare, then steps should be taken to integrate them back into the workplace.

For further advice on returning to work, please contact Kashmir Dosanjh, Employment Solicitor:

Kashmir@askewslegal.co