Lifting of Lockdown: Workplace Considerations

Chris Dobbs, Employment Solicitor looks at what employers should consider when lockdown restrictions are lifted in the workplace.

The Prime Minister announced last night, in his latest broadcast, that the majority of legal restrictions put in place to tackle the spread of coronavirus will be lifted on 19^th July. So-called ‘Freedom Day’ will see what Boris Johnson described as a “move away from legal restrictions” towards individuals making their own decisions about risk.

The lifting of restrictions, already described as reckless by trade unions and some politicians, means an end to:

• Limits on social contact
• The 1m-plus rule
• Mandatory use of face coverings in most settings
• The forced closure of those industries which remain unable to function
• Caps on occupancy for businesses
• The need for Covid certificates for venues and events

What does the end of these rules mean for employers?

The end of these rules also means a change to the current working from home guidance. The Prime Minister said that it would “no longer be necessary” for employees to be told to work from home as the country starts to recover and the economy reopen fully.

Until 19^th July, staff should continue to work from home if they can but must also stay at home if they are self-isolating or in quarantine following international travel.

Some employers may be tempted to immediately recall staff to the workplace however it is important to be mindful that government-imposed restrictions were a legal requirement. The decision to have staff working from home until now has largely been mandated but “the Government said it was fine” is unlikely to be a satisfactory defence to claims which could still arise in connection with coronavirus.

The CIPD has already made it clear that such a mass return to the workplace would be inappropriate and many employers have already indicated that some form of hybrid-working will be the norm in the future. Employers should consider their actual needs for on-site working and balance this against a clear consultation with staff as to working patterns before taking any knee-jerk response.

Will all workplace restrictions be lifted?

The legal requirement for social distancing and face coverings is set to end on 19^th July but that is not to say businesses and workplaces will or should immediately end all such policies at work. Employers retain their health and safety duties to staff which have not ended simply because legally imposed procedures come to an end.

With that in mind, many businesses are likely to look to retain some kind of limitations or policies. Limits on hot-desking, workplace capacity and, of course, the increased use of hybrid-working should all be considered by employers where possible.

Will mask-wearing still be mandatory in the workplace?

It has been widely reported that the choice on whether to continue wearing a mask or not will be the next great ‘division’. Ultimately, the government’s decision to no longer mandate this means that in most situations it is for individuals to decide whether or not they wear some kind of face-covering in the future.

Employers may well find themselves caught in this battle between those who no longer wish to wear a mask and the ongoing duty of the business not only to its employees but also to customers, clients and other visitors. With this in mind, certain businesses may look to retain some kind of policy in relation to face-coverings.

Employers implementing particularly restrictive policies such as mandatory face-coverings will need to consider Equality Act implications in particular. While in many cases the overriding need to protect against the spread of an infection will be a helpful justification to any claims for discrimination, such cases are judged on their individual facts and every person and every business is different.

A summary from the PM

The Prime Minister asked the question, if not now then when? The restrictions imposed during the pandemic must end at some point and we are all aware of the increasing financial pressure on some sectors of the economy. When 19^th July arrives, assuming these legal restrictions are lifted, businesses need to approach their response with a degree of caution. This is not an opportunity to go back to how things were 18 months ago but instead is a change to take a big step in that direction.

In any change, the key is to discuss, inform and consult. Businesses should ensure that staff have an opportunity to express their views and air their concerns before major changes are imposed on them.

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