Changes to face coverings in the workplace

 

Following the Prime Minister's announcement yesterday, The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 3) Regulations 2020 have been published.

Regulation 2 amends existing legislation on face coverings to make it clear that workers in places listed in Schedule 3 must wear masks.

Schedule 3 includes:- 

• shop workers
• shopping centres
• restaurants and bars
• banks
• hotels 

There is the same reasonable excuse exception as existed for other obligations to wear a face mask (for example, because of disability or where wearing a mask would cause severe distress).

The Regulations make it clear that it is the employee/worker who is committing the offence and is liable to the £200 fine, not the employer.

Although it is the employee that will be fined, we would suggest that you update your policies to ensure that employees know that it is company policy that they must wear a face covering whilst working unless they are medically exempt.  If you would like to discuss in more detail contact us on 01245 261883

 

Is returning employees to the workplace right for your business?

Most children are now back at school after being off since March due to the Pandemic.  Some of you may be sad to see them go back but others may be glad that they will now have a routine and homeschooling was harder than you thought. 

As a business owner, you may have had employees juggling home schooling and working from home due to the Pandemic and found it hard for your business to manage the situation.  No doubt most employees have adapted to the new way of working.  Moving forward, you may decide that flexible working is a better option and a benefit to employees.  We believe that it will be harder for an employer to say no to working from home if an employee makes a Right to Request Flexible Working request, when employers have required their employees to work from home during lockdown.  Also, you may decide that you do not need large offices for employees and working from home is a better financial option.  Having employees working remotely, is different and as a business, you will need to put in place ways to still manage employees, communicate with them effectively and ensure that they feel supported, especially with any mental health issues.
 
Now that most businesses can return to work you can only do this if the work place is Covid safe.  There are a number of measures that will need to be considered, is the workplace big enough to allow for social distancing, if not how will this work?  Some businesses have incorporated a shift system, or have teams that alternate between working in the office and working from home.  Also, as part of being Covid safe, there must be hand sanitiser available, desks spaced out to meet the minimum distance, if necessary, screens available between desks, limit areas that are communal, such as staff room and kitchens and have a system for toilet usage, such as only one person in at a time.  All areas will need to be cleaned thoroughly at the end of each day.
 
The Furlough Scheme finishes at the end of October, if you still have employees who are furloughed, you will need to decide how to return employees to work.  You may have to consider other options such as reduced working or if your business has been impacted and you do not need so many employees, you may need to make redundancies.  Employment law still applies when making changes to an employees contract or commencing redundancies. 
 
The Government under the Furlough Job Retention Scheme are offering businesses a £1000 bonus for employees who were furloughed and are still employed at the end of January 2021.  To be eligible the requirements are:

• employers will receive a one-off payment of £1,000 for every employee who has previously been furloughed under Coronavirus Job Retention Scheme (CJRS) – if they remain continuously employed to the end of January 2021;
• to ensure the jobs are meaningful well-paid, employees must earn at least £520 (the National Insurance lower earnings limit) a month on average between the beginning of November and the end of January;
• those who were furloughed and had a claim submitted for them after the 10 June (when the CJRS closed to new entrants), because they were returning from paternal leave or time serving as a military reservist will also be eligible for the bonus as long as they meet the other eligibility criteria;
• employers will also be eligible for employee transfers protected under TUPE legislation, provided they have been continuously employed and meet the other eligibility criteria and the new employer has also submitted a CJRS claim for that employee.

If you need any advice on furlough, returning to work safely or making changes to employees working hours or redundancies please contact us on 01245 261883