End of Covid Restrictions – 24th February 2022

Is it business as usual?

I’m not sure the next few months (it can’t be years) are going to be plain sailing, but then the last 2 years have been a bumpy ride for us all and a major headache for HR professionals trying their best to advise employers what they should or shouldn’t do with sometimes limited information.   

With the end of covid restrictions can I get everyone back in the office?

It is not a straightforward yes!  

If an employee has symptoms, or tests positive on a lateral flow then public health advice is still to stay at home and avoid contact with people.  

The government have very kindly suggested that a staff member should speak to their employer about the options available, e.g., working from home or if that isn’t possible they may be entitled to SSP.   

What can you actually do to minimise risk?  

You are still responsible for the health and safety of your staff and this responsibility hasn’t changed during the pandemic.  If you force an employee to work and they suffer ill health as a result they can take action against you.  An employee can refuse to return to work if they reasonably believe ‘it presents a serious and imminent danger to them’.  If the employee is then penalised for not returning because of this then they could claim unfair dismissal.  You would need to consider each case on a case-by-case basis.      

You now need to set your own rules   

It may be worth considering the introduction of some ‘infection guidelines’ if you haven’t already introduced them over the last couple of years.   

Talk to your employees and find out their views on what they may feel comfortable with, bearing in mind your business needs.  Having buy-in will make things easier to implement.   

When talking to your employees, clearly outline what you expect of them, what precautions you will be putting in place if they test positive/display symptoms and a plan for their return to work in the office.  Or you may wish to continue (dependant on your business) with hybrid/home working.   

Then once you have done this proceed with caution and if you need to pause/take a step back then do.  Things have changed so much in the last two years and this will continue for a while longer and if government guidance changes again then you may need to adapt again.      

From a HR perspective you have probably been doing the following anyway:

Hygiene  

• Good ventilation – hopefully, it should be getting warmer soon!   
• Clean desks and equipment daily with antibacterial/antiviral cleaner (especially when hot desking)   continue using hand sanitiser / wash hands regularly   
• Dispose of tissues effectively   possible use of masks in settings when working with vulnerable people   
  
  

Protection of vulnerable people

• Consider reasonable adaptations for those who are clinically vulnerable (and are possibly also classed as disabled under employment law) e.g. working from home   
• Continued use of PPE where relevant  
• Watch out for discrimination claims and constructive dismissal claims from this category of people   

Current stance on sickness

• If staff are well enough to work from home, then let them continue  
• If staff aren’t well enough to work then they should be on sick leave  

The dilemma is:

If staff are well enough to work and want to come into the workplace (as homeworking is not an option) but you don’t want to spread illness so ask them to stay at home.   You then need to consider how you will pay them?  If you have company sick pay this can be managed.  Is it fair to make them stay at home on SSP, would you do the same for other illnesses?  

On the whole, in my experience staff do not abuse company sick pay provisions, and by following a good sickness absence process those employees can be identified and managed fairly swiftly.  

If you need further help or support please give me a call, I will do my best to navigate this storm with you.