While at present there is no formal end to the government’s
restrictions on work or travel, it is possible that the UK will start to
introduce more flexibility in the next few weeks. In addition, the
current Coronavirus Job Retention Scheme (commonly known as the furlough
scheme) is currently due to end on 30 June 2020, and so organisations
need to start thinking about what happens next.
As the timing and nature of any relaxation of restrictions is
uncertain, it would be sensible for businesses to consider all the
options and have the capability to move quickly from one scenario to
another. Employers need to plan now for what is likely to be staged
return to the workplace over what could be prolonged periods.
Returning to the workplace
How you manage a return to the workplace will depend on the type of closure arrangements you have been operating.
The 3 most common arrangements are:
Business not trading at all (all staff furloughed)
Business trading on a limited basis (some staff furloughed, some
working from home or in company premises) or where only ‘essential’
workers are currently in work
Business trading fully but all staff working from home.
Whichever of these is closest to your individual business, there are some common issues you will need to address.
Throughout this planning stage, and going forward, your guiding
principle should be how the organisation takes care of their people and
safeguard their health and well-being.
What should you consider?
Continued social distancing.
It seems highly likely that there will be a requirement for some form
of social distancing for some time to come. Lockdown restrictions will
likely be lifted incrementally, and all staff who can work from home
should expect to carry on doing so.
Where certain groups of employees or businesses are part of a sector
to sector return to the workplace, employers will need to consider
detailed risk management approaches to safeguard their health and
minimise the risk of cross infection.
It is therefore essential that employers continue to base any plans for returning to the workplace on up-to-date Government and public health guidance in relation to COVID-19.
Communicate the practical measures you are taking to staff on a regular basis to help reassure them. Make sure employees are clear about what procedure they should follow if they begin to feel unwell, both in the workplace and at home. These procedures should be sent to staff in advance, and clearly marked when in the workplace.
Review your workplace and consider whether can staff maintain a 2m physical distance between each other. How will you manage meetings, interviews and other interactions? What about communal areas such as canteens or kitchen areas?
Think about how you can support physical distancing such as ‘cohorting’ (ie keeping teams of workers working together and as small as possible), or staggering working hours so that not all staff are in at the same time.
All of the key protection and hygiene measures will continue to apply to minimise the spread of infection, such as reminding staff about regular and effective handwashing, and providing hand sanitiser. If your premises have been closed for a period of time, you should carry out a deep-clean before you reopen. You should therefore review your cleaning arrangements, for example ensuring all phones/keyboards etc are wiped daily with anti-viral cleaner.
Depending on your working environment, you may need to consider providing additional PPE. If you want people to wear gloves/masks, then you will also need to think about training/briefing staff on their correct usage – since both can be ineffective if used inappropriately.
Staff who travel or visit other company premises may also need additional equipment or briefing. Remote meeting facilities and videoconferencing should be encouraged wherever possible to minimise the need for staff to travel and/or use public transport.
Employers should ensure that the organisation culture is inclusive, and that every employee feels they are returning to a supportive and caring environment. The pandemic has had an unequal impact across the workforce in many ways, as different groups of employees, and individuals, will have been affected in diverse ways according to their job role and individual circumstances. This means there could be potential for some negative feelings creeping into the employment relations climate.
Acknowledge and be open that the lockdown has undoubtedly harmed the populations mental wellbeing. This includes anxiety about the ongoing health crisis and fear of infection, as well social isolation due to the lockdown. Many will have experienced challenging domestic situations, such as juggling childcare or caring for a vulnerable relative, as well as financial worries if a partner has lost their income. Some will have experienced illness, or bereavement. It is likely that most people will need a period of readjustment.
Have a re-orientation or re-induction process for returning staff. Encourage and support every manager to have a one to one return meetings with every employee, where a key focus is on health, safety and well-being. Managers need to have a sensitive and open discussion with every individual and discuss any adjustments and/or ongoing support they may need to facilitate an effective return to the workplace. This is especially important for those who have been furloughed.
There will also be a number of employment law and administrative issues that need to be covered.
How much notice do you need to give to returning employees?
You should have a written agreement with staff who are furloughed and
this may have set out how much notice you need to give to your staff
for them to return.
There is no minimum length of notice required to be given.
Even if you put in a clause allowing for an immediate recall, you
should still give staff a reasonable period of notice of requiring them
to return to the workplace. This is particularly important given that
many people will have additional childcare or other responsibilities,
which they may need to arrange.
We have produced a template letter to issue to staff when returning from furlough. If you would like a free copy please click here to email to request yours.
Is it sensible to want all staff to return to work at your premises?
Would it be more appropriate to continue with some staff home working
on a longer-term basis? If so, make sure you have a clear rationale as
to why you need particular staff or roles to return physically. People’s
expectations around work, and how they fulfil their role, and reconcile
work and domestic responsibilities, could have changed dramatically.
This is an ideal time for employers to think more creatively about
effective ways of working, and harness more agile and flexible working
practices to meet individuals’ changing expectations.
What criteria will you use to recall staff? Will it be simply
business need? Will you consider individual personal circumstances?
Remember not to use discriminatory criteria; be fair and inclusive and
keep in mind your organisational values and any diversity and inclusion
When the government furlough scheme ends (currently set for 30 June)
your business may still not need to bring all its existing workforce
back. In this case you have essentially four options:
Agree reduced working hours with some or all staff
Furlough staff for a further period, at your own expense
Use short term lay-off clause
What you need to consider for each is beyond the scope of this note
and dependant on your business particular circumstances and
arrangements, but you will need to be clear about the reasons for the
steps you take.
In light of the fact we know that the Coronavirus Job Retention
Scheme (CJRS) is currently scheduled to end on 30 June 2020, which is
well in advance, there should be no reason why you cannot give people
reasonable notice of what you intend to do, and whether this includes
consultation on redundancies.
Whatever steps you take, you should be very mindful of how you
communicate, continue to support them and treat their health and welfare
as a priority.
Dealing with other groups of staff
Since not all restrictions will be lifted at the same time, there are some other issues that you will need to consider:
Staff who are advised to shield or self-isolate
Staff who have suffered a bereavement
Managing holidays after the return
Staff who are advised to shield or self-isolate
Some of your staff may still be required to shield (currently for 12
weeks) because they are ‘extremely vulnerable’ and at particular risk
from COVID-19 infection. Others may be very concerned because they live
or care for someone who is classed as high risk. If individuals are
still shielding as restrictions begin to be lifted, or the CJRS ends,
allow them to continue to work from home
if this is not possible, look at other options to retain them such as a further furlough period.
Staff who develop symptoms of COVID-19 – or who live with someone who
does – will still need to self-isolate for 14 days. The rules around
this have not changed and information can be found on the government
Staff who have suffered a bereavement
While deaths from COVID-19 are still comparatively rare, it is
possible you may have employees who have suffered the bereavement of a
relative or friend. While there is no statutory right to bereavement
leave, other than in the case of the death of a child,you should
be sympathetic to requests for additional time off during this period,
and if you can we recommend that you pay their normal pay.
Remember that, while all deaths affect individuals, in the case of
COVID-19 family members may have been unable to see their loved one for
some time before death, and not been able to attend the funeral.
Employees who have suffered a bereavement are likely to need ongoing
flexibility and support to grieve. Make sure you make them aware of any
mental health support (such as Employee Assistance Programmes) you
offer, and that managers are able to have sensitive and supportive
conversations with people.
In very rare cases, you may have an employee who has died from
COVID-19. You will need to support their colleagues and again, signpost
staff to any mental health support you offer. You will also want to be
in contact with their family to offer support, especially where you
offer Death In Service benefits.
Managing annual leave
Staff are now allowed to carry forward some of their statutory
holidays if they are unable to take them in the current leave year. You
Encourage staff to take previously agreed holiday dates – even if working from home, people still need time away from work.
Have a clear policy to allow as many people as possible to take
leave this year while still maintaining key business services – perhaps
relaxing normal rules around maximum numbers allowed off at once.
Changes to the current lockdown restrictions are likely to be slow
and gradual. They are also likely to fluctuate, and stricter measures
imposed, possibly with very little notice. While we don’t know yet what
the specific steps will be taken to start to lift the lockdown, there
are certain principles and measures that every employer will need to
consider. Organisations therefore need to use this time to prepare and
plan their next steps.
Communication with your staff is key. Keeping people informed of what
your business is doing – whether it is good or bad news for individuals
– will help them to make their own decisions and give them some degree
of security in very uncertain times. Knowing they are valued and
supported by their employer – and that you continue to prioritise their
health and safety – will be pivotal to their well-being.