Last night the government announced the formal end of lockdown as was expected. However, there remain significant gaps in the replacement guidance employers must comply with from 19 July.
Lifting of Legal Restrictions
Almost all legal guidance relating specifically to COVID have been removed. The legal requirement to work from home where you can, the legal requirement to wear face masks and socially distance and the legal limits on the number of people attending a meeting or event have been lifted. Employees who test positive for COVID must still self-isolate but the government is reviewing whether to lift this for those who have received both vaccinations from 16 August.
Importantly, those businesses which have been forcibly closed, such as nightclubs, can re-open.
Although as the government advised that this comes with the risk of a rise in COVID cases, the lifting of these legal restrictions is generally a very positive outcome for businesses.
Replacement Guidance
However, what has replaced these legal restrictions is arguably more troubling for employers. The government has indicated that rather than legal requirements, it will be for employers to consider their ‘social responsibilities’ to continue with certain protective measures. As such the current guidance is;
- There should be a ‘gradual’ transition back to work over the coming weeks, rather than having everyone back at once on Monday. There is no clear guidance at this stage as to what a staggered return should look like, but six guidance notes are due to be published in the coming days which will hopefully help.
- There is an ‘expectation’ that masks will be worn in public and specifically in enclosed or crowded spaces, including on buses and trains. Certain high risk settings such as nightclubs will not be expected to enforce face masks but instead but will be required to undertake other mitigation measures such as COVID-status certification.
- Social contact should be limited where possible, as such things like handshakes remain unlikely to be acceptable and screening is likely to continue for the foreseeable future.
- Those who are clinically extremely vulnerable will be encouraged only to meet people outside, meaning employers are unlikely to be able to insist on those who are clinically extremely vulnerable returning to the office.
In addition to this guidance, although the COVID-specific legislation is being revoked, more general health and safety obligations remain. As such full workplace risk assessments will need to be undertaken by employers before returning staff to the office. As mentioned earlier, the government is to provide further guidance for employers over the course of the coming days.
Best Advice
It was always going to be difficult to undo the COVID restrictions as there can never be a one size fits all solution that will apply to all businesses. The position the government has taken does though create very real risks to employers, placing the onus entirely on them and leaving employers open to allegations of unlawful behaviour from their employees. Grievances and whistleblowing reports could escalate from those uncomfortable with whatever return to work place their employer creates. The critical question will be what is contained within the further government guidance and whether in reality the legal requirements shift from the COVID legislation to the general health and safety legislation, creating, in effect, no difference.
At this stage the best advice is for employers to wait upon the further guidance before making any firm plans. This may mean that returning staff to work will be delayed by a week or two as you assimilate the updated guidance and incorporate those into your plans. It is likely though that capacity limits, plastic barriers, face masks in meetings will be needed for some time yet.
We will seek to update you as the guidance is published but if you have any queries in the meantime about your plans to return staff to the office or the risk assessments you need to undertake please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.