As the lockdown measures begin to ease somewhat across the globe, including the UK, managing the return to work for some, if not all Employees is a big issue that businesses are starting to address.
It is clear that thorough planning is required by Employers, to manage the return. We are already hearing in the media about the very wide ranging options that are being considered by firms. Aside from core measures such implementing as the 2m social distancing and greater use of PPE, other measures being considered range from staff rotas, flexible workplace start and finish times, changing roles / duties for more vulnerable employees through to temperature checking employees before they enter the office, or daily questionnaires to be completed regarding COVID-19 symptoms. Not all options will be feasible for all businesses, but given that there will be many people who are concerned over their return to work, Employers will need to show they are taking all reasonable steps to manage risk and support their teams.
Given that social distancing measures are likely to continue for some time, where staff can work from home, they should continue to do so and indeed many staff may still fall into the shielding category. Where working from home is not practical or possible, employers will need to consider a highly detailed risk management approach in order to protect their employees and thus minimise any risk of infection or spread. That review must consider different roles, different Employee needs / risk factors and different workplace challenges such as, for example, whether maintaining the 2m social distancing is feasible, and what additional steps will be taken if not. This review and the steps that Employers propose taking to safeguard the health and safety of their teams should be shared with Employees. Where concerns are raised, these should be assessed for feasibility and reasonableness and acted upon accordingly.
The safety and wellbeing of your team is a top priority and Employers must work in close collaboration with their HR and Health and Safety teams, consultancy or aides in order to manage and maintain their risk mitigation successfully. Checking on the up to date Government guidance and that issued by the Health and Safety Executive (HSE) are also important reference points.
Individual Health and Wellbeing
Employers must continue to be flexible and patient with their team – many will have experienced challenging domestic situations; and others may have even experienced illness or bereavement. While deaths from COVID-19 are still relatively rare, it is possible you may have employees who have suffered the bereavement of a loved one. While there is no statutory right to bereavement leave, other than in the case of the death of a child, you should be considerate and sensitive to requests for additional time off during this period. We must also be mindful that death in these circumstances can be particularly hard if individuals have been unable to see their loved one for some time. Employees who have suffered a bereavement are likely to need ongoing flexibility and support.
Some people may find that they are still coming to terms with the significant changes that society has seen and the new ways in which they must live and operate. Mental health challenges that may have been exacerbated by Covid-19 won’t go away as the lockdown eases and indeed may be heightened with the anxiety about returning to work.
Employers must be mindful in ensuring that the working environment is inclusive and that all employees feel that they are returning to safe and supportive environment. The outbreak of COVID-19 has seen an unequal impact across all businesses and individuals have been affected in a multitude of ways across both their professional and personal lives. The nature of such may provide challenging scenarios and it may produce negative feelings and attitudes in the workplace. It is therefore important for management to encourage inclusivity and be aware of both sensitive and underlying tensions.
It is recommended that returning staff undergo a re-induction process with a focus on health and wellbeing. Discuss adjustments and amendments to working practices and encourage an open and honest conversation. Ensure that everyone understands the expectations of how to operate in the new work environment to give it the best chance of success and to minimise risk. Allow individuals time to adjust to a new way of working and listen any concerns they may have on returning to the workplace. Make individuals aware of the support that is available to them and share advice from mental health organisations.
Employment Law
If staff have been furloughed, you must provide a reasonable period of notice when requiring a return to the workplace. This is particularly important for people who have additional care responsibilities, so they can make necessary arrangements in order to return to work.
You must also ensure that your payroll team or provider have been informed that furlough has ended for those staff members and that they should return to their full pay, if pay has been reduced.
If you need to make redundancies or change roles, remember that there are consultation requirements. If you need to make 20 or more employee redundant in a period of 90 days, then you must consult individually and collectively (which involves electing Employee Representatives), and run that consultation for a minimum of 30 days before any dismissals take place. If you are making a 100 or more employees redundant, then that timescale increases to 45 days. Failing to adhere to the consultation requirements will almost certainly make any dismissals unfair.
You must also notify the Redundancy Payments Service (RPS) before a consultation starts and complete a HR1 form. This can be found on the Government website.
Summary
Changes to the restrictions and guidelines in place at this current time are likely to be gradual. They may also be subject to further change with little notice so Employers will need to be flexible and adapt quickly. However, there are measures that employers can take in order to plan and prepare.
Maintain good communication channels with your team and keep everyone informed of new practices and procedures, as well as organisational changes that might need to be made. Pay specific attention to those who made need additional support, such as those who are vulnerable to infection, those with childcare or other care responsibilities. Be mindful and respect individuals that need additional time to adjust to returning to work or who are concerned about returning to work.
If you have any questions or concerns or simply need some additional advice, we are here to help you. Contact us today on 01625 428926 or enquiries@sitrusconsulting.com
