On 31 August 2021, the Irish Government announced the next
phase1 in its response to COVID-19, and launched the
COVID-19: Reframing the Challenge, Continuing Our Recovery and
Reconnecting (the "Roadmap").
Background
- The Roadmap sets out the final phase before a re-opening of all sectors of the economy after 22 October, 2021.
- It is expected that the majority of temporary emergency measures and restrictions will cease with effect from 22 October 2021.
- Attendance at work for specific business requirements may commence on a "phased and staggered attendance basis" from 20 September 2021.
- All restrictions on public transport capacity is lifted with effect from 1 September, 2021.
- An updated Return to Work Safely Protocol will be published in the coming weeks to support the transition back to the workplace in advance of this date.
- There is a shift in approach in the Roadmap from legal regulation to individual judgment and personal responsibility in relation to behaviours and conduct.
- The implementation of the Roadmap remains subject to change if the epidemiological situation deteriorates.
We have compiled a list below of commonly asked questions to
assist employers with their return to the workplace planning.
Can all employees return to the workplace on 20 September
2021?
No - the Roadmap states that attendance at work for specific
business requirements may commence on this date but there is not a
general green light for all employees to return. The two metre
physical distancing requirement is still in place. Furthermore,
there is no green light for all vaccinated employees to return. It
is envisaged that this return will be a gradual one with numbers
slowly increasing as we move through the interim phase towards 22
October 2021.
What happens on 22 October 2021, can all employees return
at that point?
It is expected that the requirement to work from home will be
removed from 22 October 2021 allowing a return to physical
attendance in the workplace on a "phased and cautious
basis appropriate to each sector". The change facilitates
a return to work but it does not mandate it. From a practical
perspective, employers will need to take a prudent approach and
assess the merits of any objections to a return to the workplace.
For example, employees with certain medical conditions may be
reluctant to engage in a full workplace return and may be need to
be facilitated on a case by case basis.
The Roadmap also notes that while public transport capacity can
return to 100% from 1 September 2021, employers should facilitate
staggered working arrangements to allow employees to change their
travel patterns to less busy times where possible.
Can an employer ask if employees have been
vaccinated?
The Roadmap does not provide guidance on the use of vaccination
status in determining whether an employee can return to the
workplace. Both GDPR and employment law issues may arise if an
employer asks employees about their vaccination status or seeks to
exclude those who have not been vaccinated from the phased return
to the workplace during this transitional period. However, after 22
October 2021, the public health guidance at this point is
indicating that all employees can return to office work regardless
of vaccination status.
This is consistent with the approach to other sectors where the
requirement to demonstrate certification of immunity or a negative
PCR test as a perquisite for access to or engagement in any
activities or events is also expected to be lifted (with the
exception of international travel) with effect from 22 October
2021.
Do physical distancing measures have to remain in place in the
workplace?
Yes - for now. During the phased return to the workplace, employers
should continue to ensure employees are well spaced out within the
workplace and employers should assess capacity to determine how
many employees can be accommodated with physical distance measures
in place.
From 22 October 2021, it is envisaged that the formal requirements
for physical distancing will be removed. This will facilitate
employers in allowing increased numbers of employees back to the
workplace.
Do employees have to wear masks in the
workplace?
As outlined above, the current preventative measures, as outlined
in the Return to Work Safely Protocol, will remain in place
throughout the interim phase up until 22 October 2021.
From 22 October 2021, it is envisaged that the formal requirement
for wearing face coverings in indoor private settings will be
removed.
The legal requirement to wear a face covering will likely be
restricted to public transport, retail, healthcare settings and
airports.
What about business travel and marketing
events?
The Roadmap states that the Irish Government will continue to
review the public health advice and measures applying to those
travelling to Ireland and will be examining the use of Rapid
Antigen Detection Testing in the place of pre-departure PCR
COVID-19 tests for those who do not have proof of vaccination or
recovery.
This may facilitate a slow and gradual return to business travel as
necessary over the coming months. The Roadmap also highlights that
the current restrictions on travel into Ireland are due to expire
on 31 October 2021.
From 6 September 2021, organised indoor events can take place with
up to 60% capacity with appropriate protective measures (all
patrons are immune, i.e. fully vaccinated or recovered from
COVID-19) in place. This includes conferences, exhibitions and
large scale business events with external audiences.
What next?
The Irish Government has noted that during the interim period of 1
September to 22 October 2021, a careful and gradual approach should
be taken to re-opening.
The Return to Work Safely Protocol will be updated in the coming
weeks ahead of 20 September 2021.
The Roadmap expressly notes that employers should develop or
finalise their long-term blended working and return to work policy
and plans, while having regard to their operational requirements in
line with the public health advice. We can assist employers looking
to prepare their return to the workplace plans in light of the new
Roadmap.
Footnote
1 https://www.gov.ie/en/publication/3361b-public-health-updates/
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.