The Coronavirus Crisis may change the Way we Work forever

It is not unreasonable to say that the coronavirus pandemic leading to the lockdown rules has almost certainly created the most confusing and challenging environment for businesses in the UK.  The unlocking of the lockdown rules is gathering speed and the government’s track and trace programme brings with it a further consideration for businesses, that of the obligation of individuals identified as having been in close contact with an infected person to self-isolate for 14 days. In light of the track and trace system the statutory sick pay (SSP) entitlement has varied under The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations 2020 to include individuals who are informed that they are required to self-isolate.  Previously anyone who chose to self-isolate due to experiencing symptoms of coronavirus were not eligible for SSP.  Employers are expected to recognise the isolation requirement.  Giambrone’s employment law team notes that the low rate for SSP, £95 per week, may result in individuals not electing to adhere to the self-isolation demand and will not inform their employer.  HR departments and business owners should make it clear that staff must adhere to this requirement.

As each industry sector is released from lockdown with the proviso of adhering to a raft of measures aimed and limiting the transmission of coronavirus as far as possible in the workplace, employers not only have to create a plan but will be responsible for ensuring observance of the plan.

The government guidance for businesses remains the same as far as who should and should not go back to the workplace, in that only those who cannot work from home should return to work.  In certain selected industry sectors that have been indicated by the government as able to return to their place of work, for example, the construction industry which has been given leave to work from construction sites; however, those employees within this sector who are largely office-bound must still continue to work from home. 

It is highly likely that the new way of working, driven by the coronavirus pandemic, will continue to be observed even after the immediate crisis has diminished.  Many organisations have recognised that those employees who are able to work from home are just as productive under the coronavirus rules and the cost savings that working from home and holding Zoom meetings, rather than costly journeying across the country for client meetings, has proved to be a welcome benefit at a time when it is difficult to trade.  Giambrone’s employment lawyers recommend that businesses that are considering a working from home programme should carefully review their employees’ contracts of employment and take expert advice with regard to the legal requirements with regard to employees working from home.  Many organisations successfully operate on this principle.

The government guidance relating to the immediate situation such as social distancing, hygiene rules and a staggered shift system to avoid rush hour travel should be maintained for the foreseeable future under the government rules. Together with such recommended practices as a one-way system for entering and leaving a building, where possible, bringing your lunch into work thereby refraining from shopping during the working day and stringent hand-washing will be observed and barriers or screens between staff.  The judicious use of technology should assist attempts to reduce interaction between staff and sharing workstations should be avoided and the general use of other equipment now becomes another area for consideration. 

If you would like more information on the legal implications for employers of working from home please click here