the new workplace

Navigating the new workplace A s an employment lawyer, I am now being called upon to advise on workplace issues I’ve on account of office size and staff numbers as well as how a business operates, so adequate PPE will be the issue. If the social distancing, holiday is feasible. But we are not guided on how to make that assessment. Arguably, an employer not encountered in 30 years of practice. employer is adjudged to have not provided infringes the work time regulations by Covid-19 has dramatically changed our a safe workplace, there is the real potential forcing staff to take holiday at a time when personal and business lives, perhaps for substantial legal claims. this makes no difference to them and they permanently. cannot have a ‘proper’ holiday anyway. Even if an employee is not entitled to damaged by the crisis and have little This is clearly a surreal time for our self-isolate under government rules, what prospect of recovery in the short term. workplaces with many difficult questions is the fair way to deal with someone too From a staffing perspective, this may mean being posed and answers not always easy frightened to attend work when their redundancies. Can these be implemented to come by. In the face of uncertainty, employer has asked them to return? Is during the operation of the government’s some risk will need to be taken but more this misconduct warranting a disciplinary job retention scheme, which will operate so than ever, a measured and careful process and even dismissal or is the albeit in altered form until the end of approach is advisable. employee within their rights for legitimate October? Yes, they can but the question health and safety reasons? Might the arises as to whether it is fair to make staff For advice about employment matters employee be ill with high levels of anxiety redundant at a time when they can be contact longmores.law which takes us outside disciplinary on furlough at no cost to the employer? enquiries@longmores.law territory? And what about refusal to attend Arguably not, because furlough leave will 01992 300333 a workplace because of concern about a be a reasonable alternative to redundancy shielding relative? This could give rise to in some cases. Also, if an employee is not associative discrimination issues. As ever, on furlough and is made redundant can the answer will be fact-sensitive but the they be placed on furlough to mitigate assessment of which party is behaving notice pay costs? This scenario is not reasonably will not be straightforward expressly dealt with in the guidance but is and will involve balancing the respective likely to be contrary to the objectives of the positions. Connected to this issue is scheme: to preserve employment. the obligation on the part of employer Many businesses have been seriously to provide a safe workplace for its staff. Finally, a common question is whether That obligation predates the virus but employees on furlough can be forced has been brought into sharp focus by the to take holiday so that businesses are pandemic. Employers are required to carry not faced with returning employees all RICHARD GVERO out a Covid-19 workplace assessment but wanting to catch up on holiday. The Longmores, Joint Senior Partner that is only part of the equation. In some guidance tells us they can but subject to and Head of Commercial workplaces it is going to be extremely a tricky assessment of whether, in the and Employment difficult to implement social distancing context of lockdown, self-isolation and

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