Up until now, the Government has continued to advise people to work from home where they can. This will, however, change on 19 July, dubbed “Freedom Day”, under step 4 of the Government’s roadmap.
What exactly is happening on 19 July?
19 July marks the day that England will lift most of its remaining COVID-19 restrictions and will see life return to some sort of normality. As confirmed by the Prime Minister Boris Johnson earlier this week, this will mean:
- There will be no limits on social gatherings, whether inside or outside homes;
- Restrictions on large events, as well as weddings, will be eased;
- The businesses that remain closed, including nightclubs, will be able to reopen;
- People will no longer be instructed to work from home, although ministers are recommending a gradual return to workplaces for their employees.
Given that the last 16 months have seen an abundance of guidance in place for organisations to follow, it comes as no surprise that many organisations are now nervous about how to tackle a whole range of issues going forward. We consider some of these concerns below.
Home working / flexible working
The pandemic has forced many employers to reassess how their employees work. In particular, over the past 17 months, many employers have been compelled to allow their employees to work from home in accordance with government guidance. This has forced a shift in the approach to homeworking and remote working for many employers, and a reassessment of what it means to be “at work” for many employees.
It is therefore likely that, as a result, homeworking, remote working or some form of “hybrid” working (where employees work both in the workplace, and away from it), is likely to be more commonplace in the future, whether as a full-time arrangement or as part of a temporary working pattern. For example, John Lewis will be introducing flexible working for its head office staff, while Facebook have announced that employees can work from home permanently. Other employers have confirmed that their employees only need to work from the office two or three days per week, whilst others have introduced “work from anywhere” policies to address employees’ concerns. Some employers have also adjusted working hours for employees (for example to take into account childcare responsibilities) during the pandemic.
Given that there is no automatic right for employees to work from home/remotely, those employers who are embracing these ways of working may want to think about adopting a homeworking or remote working policy. Whether it would form part of a statutory flexible working request or an informal arrangement with a line manager would be dependent on the organisation in question as well as its specific needs.
Health and safety
The Health and Safety at Work Act 1974 provides that an employer is responsible for an employee’s health, safety and welfare so far as is reasonably practicable. Despite the challenges brought about by COVID-19, this duty remains ongoing. In the UK, employees (and in certain cases, workers) also have statutory rights not to be subjected to a detriment or dismissed in circumstances where they raise health and safety concerns. The law in this area has, therefore, not changed.
While legal social distancing measures will end in the workplace from 19 July 2021, it will be up to employers to determine their policies around, for example, social distancing and the wearing of face masks in line with concerns arising in their specific workplace. As case numbers are expected to increase rapidly over the next few weeks, employers will need to assess their own health and safety obligations as they seek to unlock their workplaces. The government has published Working safely during coronavirus (COVID-19): guidance from Step 4 which employers should take into account.
Coronavirus Job Retention Scheme (CJRS)
There will still be some form of support of employers by way of the CJRS which, subject to eligibility requirements, will be available for employers to claim for their employees’ wages through until 30 September 2021 This may be an option to consider in a range of circumstances, including:
- Parents who may struggle with childcare over the summer holidays; and
- People who are clinically extremely vulnerable given they are no longer being asked to shield.
Managing anxieties around returning to the workplace
As organisations prepare to reopen or expect an increase in employees coming into the workplace, they need to be ready to support employees who feel anxious about their return to the workplace; after all, many will be accustomed to and comfortable with working from home having done so for a significant period of time. Anxieties are likely to increase, particularly if the numbers of cases rise as expected. Such support might include:
- Identifying and listening to employees’ concerns and consulting with them over the return, reassuring them of the measures that are already in place to protect them to facilitate a safe return to the workplace, and considering if any further reasonable steps may be put in place so that the employee feels safe to return to work.
- Explaining the business reasons why a return to the workplace is necessary, including how this would benefit them and the organisation as a whole.
- Offering a gradual return to the workplace, if possible, so that any transition period is smoother and numbers in the workplace can be carefully monitored;
- Maintaining flexibility:
- a lot of people have expressed nervousness around taking public transport, however, this could be eased by allowing staff to start or finish their working day either earlier or later in order to avoid peak travelling times;
- it may be necessary to adopt additional support measures for particularly vulnerable employees such as the immunocompromised, those suffering with underlying health conditions, or those who are not able to be vaccinated for some reason;
- many individuals have caring responsibilities and may need to work from home at short notice;
- considering allowing employees to continue homeworking/remote working or some form of hybrid working. This is something individuals may now expect and while, as set out above, there is no automatic right for employees to work from home, or remotely, organisations may fall behind their competitors if this is something they cannot offer.
Could legal restrictions return?
The Government’s initial postponement, as a result of the increasing number of infections from the Delta variant, attracted criticism from many organisations who were struggling as a result of the pandemic. Fast-forward four weeks, and “Freedom Day” is causing worry on the other end of the scale.
From a medical perspective, more than 1,200 doctors and scientists have signed a letter condemning the decision, describing it as “unscientific and unethical”; while on the employment side, the Trades Union Congress, which represents 48 trade unions across England and Wales, has called for “comprehensive and clear guidance” as the present instructions will confuse employers.
Although not a complete overhaul of the Government’s present plans, the London mayor, Sadiq Khan, has now confirmed that mask wearing will remain compulsory on the tube and other London transport services after from 19 July 2021 onwards. Regional Mayors have also called for mask wearing to remain on public transport. Whether further pressure will lead to any more amendments at the very last minute remains to be seen.
We will keep you updated
Over the next few weeks, we will be publishing content dealing with issues for employers arising from the easing of legal restrictions. This will include Health and Safety, employee relations, hybrid working and changing terms and conditions. Follow us on Twitter or check our website for further updates.
If you have any queries or questions about homeworking, hybrid working or returning to the workplace, please contact a member of our Employment team.
This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.
