Covid-19 regulations and guidelines have placed a significant burden on employers. If you’re a business owner, you will undoubtedly have felt the impact of the pandemic and the lockdown already. Whether you have had to consider your working-from-home policy, get to grips with the furlough scheme, formulate a rule on sick pay for self isolating or shielding staff, review your mental health support or implement measures to protect your staff at work, there is little chance you will have been unscathed by the new reality.
And changes are still happening apace. Now we have a roadmap out of lockdown and the vaccine is being rolled out, it is more important than ever to ensure that your business has the necessary measures and policies in place to operate safely and within the law. Unfortunately, there is no one-size-fits-all solution. Navigating what rules are applicable for your business and how to implement best practice may seem a daunting and complex process.
But don’t panic. We’re here to help and give you guidance on some of the things that you should be considering at this time, focussing on face coverings, testing and vaccinations.
Face coverings
As an employer, your duty of care to take all reasonable measures to support the health, safety and wellbeing of your staff and anybody visiting your premises is the guiding principle which determines when face coverings should be used in a work setting. Employers should carry out risk assessments to evaluate whether face masks and/or other forms of PPE are necessary to protect their employees.
The Department for Business, Energy and Industrial Strategy (BEIS) has provided detailed guidance on safer working for specific settings where mask wearing is mandatory. We suggest that you familiarise yourself with what is relevant for your business as the advice is sector-specific.
It is possible that not all your employees will want to wear face coverings and some may be exempt from the rules. Communicating your policy on safe-working clearly with your staff at every stage and offering channels to discuss concerns should help with staff engagement. Do please get in touch if you would like help with this.
We would also advise that you examine your disciplinary procedures. A recent Employment Tribunal hearing in London ruled that an employee was lawfully dismissed for refusing to wear a face mask on a client’s premises. One of the first cases involving Covid-19 legislation and guidelines, this illustrates the importance of clarity in defining where it is reasonable to expect mask wearing. Again, we can help you look at your policies if you have concerns about this.
Workplace testing
The Government is currently offering free rapid lateral flow tests to businesses registered in England to test employees twice a week in the workplace. This does not supplant government advice to work from home if possible, but applies to employees who are doing work they cannot do elsewhere. To be part of this scheme, you need to register before 31 March 2021.
This is not compulsory for private businesses and there are a number of issues you should consider before deciding. On the plus side, testing your workforce could well result in a quicker return to work, increased confidence amongst employees and a reduction in interrupted workflow. However, as with everything, it is not that straightforward. The administration involved with testing has practical and financial implications which may be critical in your decision making. Though the tests are free, you will need to provide facilities for testing and storage as well as trained personnel to carry out and interpret the tests. Generally, an economy of scale applies so big organisations may find it more worthwhile than SMEs to bring the testing in-house. If your business is smaller and you have risk-assessed that workplace testing is needed, you can outsource – the government provides a list of private registered Coronavirus testers.
It is worth getting input from your HR department as Covid-19 testing will affect some of your existing policies. Testing will involve handling sensitive personal data, so you will need to consider how you stay compliant with GDPR. You will also need to preempt the possibility that some of your employees may refuse the test. Your existing drug and alcohol policy is unlikely to be sufficient and so you may need a testing policy.
Clear communication with your employees is imperative! These are unchartered waters and your employees may be anxious about their new working conditions. Keeping your employees well-informed and addressing their issues should help to allay concerns. Do get in touch if you need support with policy writing or if you have compliance issues. Getting it right at this stage will pay dividends in the future.
Vaccinations
While most people have taken or are eagerly awaiting the opportunity to be vaccinated, there are others who, for a variety of reasons will be unsure or will refuse to have it. The Government has asked employers to play a role in promoting take-up of the vaccine amongst their workforce. In the context of the duty to take reasonable steps to reduce any workplace risks, this is justified. It is also worth noting that Covid-19 is now a reportable disease under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (known as RIDDOR) which strengthens your position to encourage employee vaccination.
As an employer, however, it is ultimately your decision whether to promote vaccination or not. If you decide that you want to, you will need to determine how this will look – whether you simply distribute encouraging information or whether your policies facilitate the process by allowing time off work to be vaccinated. You may even need to consider how you treat vaccination-related sickness absence.
No matter how invested you are in your employees being vaccinated, we would advise that you tread with caution, especially with existing employees. Adopting a “no jab, no job” policy, even with the best intentions, is likely to be discriminatory and will see you fall foul of employment law if you pursue it.
There is more scope to introduce this requirement for new recruits, especially if yours is a business operating in a high-risk environment. Care UK, a company with over 10,500 staff across more than 100 care homes, has recently stipulated that new employees be vaccinated. With care home residents being so vulnerable to the coronavirus, this measure seems reasonable and the company has backed up the precondition with practical vaccination support for its new staff. If you are in any doubt about what measures you can enforce in your company, contact us.
How we can help
The Covid-19 regulations impact your business in many ways and the ramifications of getting it wrong are potentially very costly, both in financial and reputational terms. Investing time at this stage to ensure your policies are lawful, practicable and well-received will maximise your chances of a positive outcome for any changes you implement.
At TLD, our lawyers are experts in all legal matters pertaining to business. We can help you with your communication strategy and update any relevant contracts to minimise risk to your business. We don’t expect you to tell us what needs to be done. Our lawyers are experienced senior lawyers, familiar with the changing Covid-19 regulations. We know what best practice looks like and how to implement it. Available flexibly and on a part-time basis if required, we can come in for as long as you need us.
Contact us today on 020 3056 8538 to arrange an informal chat to discover how we can help.
