The euphoria business owners may be experiencing surrounding the lifting of lockdown is tempered with the punishing multiple considerations that have to be dealt with to facilitate the return to work of their staff.  The government has made it clear that office-based businesses that can work from home should continue to do.  However, many firms will be keen to return to normal working practices and want their workforce back in the office.  With over one-third of small-to-medium-sized businesses (SMEs) having been “completely disrupted” by the coronavirus pandemic, according to new research by FreeAgent with  a further 87 per cent SMEs claiming to have significantly suffered it is hardly surprising that there is a strong desire to get back to work.

However, this may be easier said than done as the guidance provided by the government to enable a return to work may be challenging for some businesses as a large number of office buildings, both heritage and modern office blocks are not easily able to accommodate the social distancing and other measures that are set out in the government guidance. As an employer, you also have a legal responsibility to protect workers and others from risk to their health and safety. Also, in the present circumstances, employers have a duty to consult their staff on health and safety. Giambrone's corporate and commercial team points out that there are serious consequences for employers who do not take action to comply with the guidance in the current coronavirus pandemic. Enforcement notices may be issued by the Health and Safety Executive.

Adjustments to the workplace environment to accommodate a return to the office are not without cost and the Association of Chartered Certified Accountants report that, whilst the financial help extended by the government has been invaluable, 40 percent of SMEs receiving government Bounce Back Loans aren't receiving enough to cover liabilities for the next 12 months.  Also, deferred tax payments will have to be paid back.  There is no easy answer.  Our corporate and commercial lawyers suggest that for those businesses who will struggle with compliance with the government guidance should ensure that the most relevant measures to reduce the chances of transmission between their staff are cost-effective compared to the risk of a legal case in the event of an avoidable infection and nobody is obliged to work in an unsafe work environment.

Here is a small sample of the easy to implement measures in the government guidance:

  • increasing the frequency of handwashing and surface cleaning
  • keeping the activity time involved as short as possible
  • using screens or barriers to separate people from each other
  • Staggering arrival and departure times at work to reduce crowding on entering and leaving the workplace.
  • discouraging non-essential trips within the building
  • avoiding face-to-face meetings
  • using floor tape or paint to mark areas to help workers keep to a 2m distance.
  • avoiding use of hot desks and spaces and, where not possible, cleaning and sanitising workstations between different occupants
  • avoiding shared keyboards and computer mice
  • Holding meetings outdoors or in well-ventilated rooms whenever possible.
  • The use of face coverings
  • Limit the number of times an employee leaves and re-enters the building e.g. bring in their lunch with them on first entry rather than leaving the building during the course of the day to buy lunch.

There The imperative to get businesses back to work is urgent and vital to prevent the economy from shrinking any further.

Originally published 12 June, 2020

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