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Charities have reason to be optimistic as they prepare to reopen the workplace in accordance with the Government’s four-stage Roadmap.

The Roadmap has provided some much-needed certainty as employers finally have some dates to work towards. Whilst different sectors are reopening at different times, the 21^{st of} June 2021 marks the end of all lockdown restrictions in England and should see the opening of all organisations alike including those considered “high risk” such as nightclubs and festivals. Charity shops don’t have to wait much longer and can expect to reopen from 12 April 2021.   Although, as you might expect with the pandemic, there is a possibility these dates may change.

At the time of writing there doesn’t appear to be a set date as to when office-based staff are advised to return to the workplace. The guidance remains “to work from home wherever possible” so for the time being many office-based staff will continue to work from home. However, with the easing of lockdown restrictions in April and May and the successful vaccination rollout (not to mention increasing pressure from Tory MPs), we can expect to see this guidance changing over the next few months.  

With workplaces looking like they will shortly reopen, employers are now questioning how they should effectively prepare. This article sets out helpful guidance on the return-to-work process.

Review and update your risk assessment on an ongoing basis

When opening the workplace to staff and customers, we recommend reviewing your current risk assessment to consider whether any changes should be made in line with the most up to date guidance.

Subject to change, COVID-19 restrictions are set to remain until the 21^st  of June 2021. If your workplace is re-opening before, you will have to adhere to Government guidelines and manage the risk of employees and customers contracting COVID-19. General workplace measures of social distancing, frequent cleaning, adequate ventilation, and good hand hygiene need to remain and continue to be budgeted for. The Government also issued specific workplace guides in September 2020 setting out practical suggestions on how work can be undertaken safely to assist employers conducting risk assessments. Whilst the guides remain just that, guides and not law, it would be sensible for employers to follow the recommendations to show compliance with their health and safety obligations.

Special consideration and precaution should be given to employees who have a disability or who are shielding. The current position is for shielding employees to work from home and if they cannot do so, to avoid attending the workplace. Significantly, from 1 April 2021, shielding employees will be advised to work from home and not attend the workplace unless they are unable to do so.  If a previously shielding employee returns to the workplace then a separate, tailored risk assessment may be appropriate.

Communication is Key

Wherever possible, we recommend keeping staff informed of what measures you have/will put in place and their effect, to ensure staff feel included in decisions and encourage employee buy-in.  If your organisation intends to reopen, it is best practice to give staff advance notice that you will be facilitating a return to work.  Whilst staff should theoretically be ready to return to the workplace at short notice, we recommend giving at least 48 hours beforehand. Employees may have been working remotely, or have been furloughed, for over a year therefore returning to the workplace is likely to be a big adjustment. The earlier the notice the better. ACAS supports this view and encourages employers to discuss as early as possible:

• When the workplace might reopen, and staff might return.
• How the employer will make sure the workplace is safe and how they will get views from staff about any further changes.
• How staff will travel to and from the workplace.
• If there might be a phased return of the workforce, for example, some staff returning before others
• Who will stay working from home or on furlough?
  

A two-way communication channel is vital. The pandemic has affected everyone in various ways whether mentally or physically.  Individuals may feel worried about catching the virus or know someone who has been badly affected by it, they may have been living with job uncertainty whilst on furlough or struggling to look after dependents. Managers should be encouraged to have sensitive discussions with staff and to listen to any concerns they may have as.

We would encourage employers to be as flexible as possible during this time. If an employee does not want to return to work, and they are unable to perform their full duties at home, you could permit them to take annual or unpaid leave (although there is no obligation to do so).  Ultimately, if an employee refuses to attend the workplace this could result in disciplinary action as employers can deal with a refusal under their disciplinary procedure, but we would recommend that advice is taken to understand the specific nature of the refusal and the individual circumstances.

Update Policies & Procedures

The outbreak of COVID-19 created a sudden, dramatic change in working patterns in the UK. Many employees have enjoyed working from home and want to continue some sort of flexible working arrangement moving forwards.  Organisations are therefore likely to see an increase in flexible working requests as employees return to the workplace.

We recommend employers amend or implement a flexible working policy setting out how managers should deal with such requests. By having clear and centralised policies, you can ensure your organisation is consistent in its approach rather than leaving managers to agree on an ad-hoc basis. All requests should be considered based on individual merits and employers should be mindful not to inadvertently discriminate.

As previously mentioned, one of the challenges presented by the pandemic is the impact it’s had on people’s mental health and wellbeing. Staff may be anxious about returning, faced a bereavement or still struggling from the effects of lockdown. By having updated policies and resources in place, employees can be easily directed to the ways your organisation can support them as you move towards a sense of normality.

If you have any questions about the return-to-work process or any other employment issues related to COVID-19, please contact our employment law experts for their assistance.