The Prime Minister announced the move to plan B in England earlier this week, but what does this mean for you and your business?
From Monday 13 December 2022, the Government has advised that anyone that can work from home, should do so. You should note that this is only guidance, and there is no legal requirement that workers must work from home, even if they are able to do so. This may cause friction between businesses, and workers who would prefer to work from home. In these circumstances, businesses should be prepared to listen to workers concerns and take these into account when implementing working arrangements.
While there is no legal requirement for individuals to work from home, businesses still need to consider their health and safety obligations to provide a safe workplace. In light of these ongoing duties, and the recent emergence of the Omicron variant of COVID-19 in England, you should keep your health and safety risk assessments under review and implement any recommendations. When performing risk assessments, businesses need to also take into account different groups of workers such as those with disabilities or those that are pregnant. You will likely have already put in place various measures to mitigate the risk of transmission of COVID-19, but re-enforcing those policies and reminding staff to adhere to safety measures will likely be necessary, and will help the business show that it has discharged its health and safety obligations.
Given that Christmas is a matter of weeks away, many businesses may be thinking about cancelling their Christmas parties, however, despite the move to plan B, there are no legal restrictions on social gatherings, and Christmas parties can still go ahead. Despite this, and in light of their obligations to health and safety, businesses considering hosting a Christmas party should also conduct a risk assessment and take steps to mitigate the risks of transmission of COVID-19 during any social gatherings.
You may also be thinking about mandating masks or requiring workers to present proof of a negative lateral flow test. These are likely to be reasonable steps, but again, you need to be alert to the possibility that some workers may refuse to comply and you should take into account disabilities and certain beliefs (such as religion) which may be protected characteristics under the Equalities Act 2010. It is unlawful to discriminate against someone, directly, or indirectly, because of a protected characteristic. This ties in further with the requirement to be vaccinated to attend the work place, and for anyone who is still thinking about making vaccines mandatory for workers, careful thought should be given to those with protected characteristics. A blanket “no jab, no job” policy is likely to amount to unlawful discrimination if not reasonably justified, or if not a legal requirement- as is the case for those working in a care home settings.
The increasing rise of cases of the Omicron variant in England serves as a reminder that, while we are living in the “new normal”, all businesses need to alert to the possibility that further restrictions could be announced this winter. Our Employment team at Ramsdens have a wealth of experience advising businesses of all sizes on these issues. If you require further guidance or bespoke advice, do not hesitate to get in touch with our team on info@ramsdens.co.uk or 01484 821 500 .