This summer, as the UK gradually emerges from Covid-19 lockdown and many employees begin to return to their workplace, there are some unique issues for employers to manage. Clare Allerton sets out six possible areas of focus for HR.
1. Managing the return to work
When organisations start to bring employees back to the workplace, it will be important to ensure that Covid-secure measures are followed, and that employees are given guidance as to expectations of behaviour and conduct (eg on use of masks, Covid-19 testing and social distancing).
As well as following government guidance applicable to their location and sector, employers should also carry out their own assessments of the risks in their workplaces. They should ask employees to attend work only once they have taken the necessary steps to protect their health and safety.
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Employers will also need to be mindful of staff anxieties at this time and be ready to support those who have concerns about returning to their place of work.
- How to manage returning to work during coronavirus pandemic
- Letter setting out your organisation’s workplace reopening plans
- Model policy on safe working during Covid-19 pandemic
- Model workplace testing policy
- Model letter to employee who refuses, or is reluctant, to return to work
2. Employee vaccinations
Employers have a duty to ensure, as far as reasonably practicable, the health and safety at work of their employees.
Encouraging employees to be vaccinated to protect themselves against coronavirus (Covid-19) is likely to be a reasonable step to take to reduce the risk to employees’ health. As the vaccination effort gathers pace, employers will need to strike the right tone when encouraging staff to get vaccinated.
However, most organisations will be on shaky legal ground if they are requiring new recruits or existing employees to get the Covid-19 jab (the “no jab, no job” policy).
- Model policy on employees being vaccinated
- Model letter encouraging employees to be vaccinated
- Can an employer require employees to have a coronavirus (Covid-19) vaccination?
- Can employers ask employees if they have had a coronavirus (Covid-19) vaccination?
- No jab, no job policies: the legal issues
3. Sporting events
Sporting events 2021: key dates
Euro 2020: 11 June – 11 July
Tokyo Olympics: 23 July – 8 August
This summer, two major sporting events will take place that were postponed in 2020 – Euro 2020 and the Tokyo Olympics.
Both events will generate interest in the workplace and there are Euro 2020 fixtures taking place during the working day and in the early evening. Employers should be aware that giving staff time off to watch sporting events will be good for morale, but also be alert to the potential attendance and conduct issues that may arise.
Given the wide exposure that Euro 2020 will get and how quickly news of incidents can spread on social media, it is a good idea for employers to remind employees that they should behave themselves outside work when watching the football.
- Model policy on sporting events
- How to deal with issues arising from major sporting events
- How should employers deal with requests for time off to watch key events during the Olympic Games or other major sporting events?
- How should employers deal with employees who spend work time following sporting events on the internet?
- What action can employers take in advance of major sporting events to discourage absenteeism?
4. Dress codes
Where possible, it is prudent for employers to relax their dress code during the summer, especially during high temperatures. However, employers must also ensure that standards of presentation are maintained, health and safety and hygiene processes are followed, and PPE is worn where required.
For employees who continue to work at home this summer, a reminder of the expectations of dress and appearance when appearing remotely to colleagues and customers may also be beneficial, particularly during periods of hot weather.
It is a good idea for employers to review their dress code policy now to reflect the standards of appearance expected during remote meetings, for example via Teams of Zoom. For example, it will not reflect well on the employer if salespeople are inappropriately dressed during remote meetings with customers or clients.
- Model dress and appearance policy
- Benchmarking: under what circumstances does your organisation relax its dress code?
- Workplace dress and appearance survey
5. Workplace temperature
The Workplace (Health, Safety and Welfare) Regulations 1992 state that the temperature in a workplace must be “reasonable”, however they do not dictate a maximum temperature. The nature of the work being undertaken (eg whether or not it is physical or requires exertion), will play a part in helping an organisation deciding if the temperature is within the definition of reasonable.
This year, in addition to the Covid-secure measures already in place to reduce risks of virus transmission, employers will also need to consider their legal obligation to ensure a supply of fresh air/ventilation to enclosed areas of the workplace, particularly when the weather is warm.
- Recommended temperatures in the workplace
- Is there a maximum workplace temperature beyond which employees cannot be expected to work?
6. Closure of the Coronavirus Job Retention Scheme (CJRS)
The CJRS is scheduled to close at the end of September 2021, and employers will need to be aware of the changes to the scheme as it winds down over the summer months.
Employees that have been on, or remain on, furlough may also have questions about how and when they can take their annual leave, which continues to accrue during furlough.
- Can an employee take annual leave while on furlough?
- Model letter responding to employee’s request to take holiday during furlough
- How should employers deal with bank holidays that fall within a period of furlough?
- Does annual leave accrue during a period of lay-off or furlough?
Furlough scheme changes: key dates
Until 30 June: Employers can continue to claim 80% of workers’ pay.
1 July to 31 July: Employers must contribute 10% of workers’ pay. The government pays 70%.
1 August to 30 September: Employers must contribute 20% of workers’ pay. The government pays 60%.
From 1 October: Furlough scheme is expected to close.
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This article was originally published on 15 June and updated on 20 July 2021.
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