For business owners lucky enough to survive the recent months, life seems to be getting more normal with each passing day. A gradual relaxation of restrictions means that, soon, we will have to leave our bedrooms, put on proper pants, and venture out to the physical workplace.

But these are also confusing times, with many business owners confused about how to go back to work in the wake of a global pandemic. 

This article will answer some common questions we’ve been hearing from businesses navigating the end of government-mandated restrictions.

What Happens If There Is A COVID-19 Outbreak In My Workplace Once Everyone Has Started Going Back To Work?

As an employer, you have an active duty to keep your workplace safe.

Broadly speaking, government guidance states that businesses and workers must consistently apply health advice from health authorities, be ready in the event of an outbreak, undertake regular risk assessments for COVID-19, and consult with workers and their representatives to control risk.

In other words, you should have a safety plan specific to COVID-19. Practically speaking, this plan should include:

  • Undertaking regular risk assessments (including specific assessments for vulnerable staff members)
  • Keeping abreast of the Government’s health advice and communicating this to your team
  • Preparing work spaces so that each staff member has adequate space between them
  • Introducing staff back slowly and at staggered start and finish times, so that staff members can travel safely to and from work while avoiding congested public transport and traffic
  • Continuing to avoid non essential travel and in-person meetings
  • Developing policies for working from home and ensuring unwell staff do not attend the workplace

For more information on what a ‘COVID-safe’ workplace looks like, check out our article here.

Obviously, if there is an outbreak at your workplace, this could mean working from home again (or, at the very least and depending on the proximity of the outbreak, allowing staff back in a limited capacity). In these situations, it’s important to remain flexible in your decisions and to support your staff to work from home if they can.

An example of how COVID-19 has led to flexible workplace policies can be found at Twitter, where it was recently announced that staff can now permanently work from home as part of their new workplace policies. 

Some Of My Employees Are Enjoying Working From Home. What Legals Do I Need For Setting Up Permanent WFH Arrangements? 

It’s common to touch on working from home procedures in your staff policy documents. These policies can come in the form of Staff Manuals, Staff Handbooks, Enterprise Bargaining Agreements, or Individual Flexibility Arrangements (to name a few).

If your staff are keen to continue working from home in a more permanent capacity, consider updating your working from home policy to reflect any details specific to this arrangement. If you don’t yet have a working from home policy, now is a good time to prepare these policies and procedures. 

We’d also encourage you to update your general staff policies to include specific details relating to COVID-19. The updates could address how you’ll deal with COVID-19 related concerns in a confidential manner, and when tests will need to be undertaken. These policies can also be updated to ensure staff work from home if they are experiencing COVID-19 symptoms. 

Can I Deny An Employee’s Request To Work From Home? 

Even if the staff member is willing and able to do their work from home, is productive, and doesn’t require supervision or training, generally an employer is able to direct a staff member to come to work. Where an employee refuses to do this, the employer may have a right to take disciplinary action.

However, this isn’t black and white. If your employee requests to work from home due to safety concerns or caring responsibilities, for example, denying these requests could be seen as discrimination.

Now that many workplaces have been forced to try out working from home for a few months, this might be a good time to consider whether you’re able to provide more flexible options to staff permanently. You might find that your staff are generally happier and more productive if you give them some autonomy.

Need Help?

If you need help understanding any of the above, or if you have any other questions you’d like answered, feel free to get in touch for a free, no obligations chat. Our friendly team can be reached at [email protected]

About Sprintlaw

Sprintlaw's expert lawyers make legal services affordable and accessible for business owners. We're an award-winning, online law firm for small businesses in the UK.

5.0
(based on Google Reviews)
Do you need legal help?
Get in touch now!

We'll get back to you within 1 business day.

  • This field is for validation purposes and should be left unchanged.

Related Articles
Offboarding Checklist For Your Business
EMI Schemes: Is It Right For My Business?