By Aimee Elia - 11 May 2020
With the prospect of transitioning to
level 2 on the horizon, many people will now be contemplating
returning to work albeit under somewhat changed circumstances.
Naturally, there will be some concerns around risk management of
the COVID-19 virus when employees are engaging with members of the
public and fellow employees.
Yesterday the government announced that we will be transitioning
into level 2 at 11.59 pm, Wednesday 13 May and confirmed that most
businesses can open, providing they can do so safely. This will
mean compliance with safe distancing practices and PPE if necessary
as well as having a contact tracing system in place. The government
suggests that all businesses discuss health and safety measures
with their employees to identify risks and find ways to safely
manage them. Conversely, employees have an obligation to look out
for their own health and safety. This means following the risk
management processes established by employers and staying home if
sick.
For employees who are vulnerable or share their bubbles with
vulnerable people, even safe distancing and hygiene practices in
the workplace may not allay their fears about returning to work. In
this situation, an employee is effectively saying they are not
"ready, willing and able" to return to work and this will need to
be discussed with their employer and an agreement reached as to the
terms on which the employee may continue on leave.
A cautionary note to such employees: if no agreement can be
reached in the long term, the employer may consider whether the
employee is medically able to perform their role.
This blog is only an overview of the position on health and
safety. If you have specific concerns, we recommend you seek legal
advice.
Contacts
Aimee
Elia
Claire
Mansell