Let’s be thankful for a beautiful warm spring now that lockdown begins to lift. Just think how miserable we would be if we had to endure lockdown in the current weather conditions; cloud, wind and rain.
But with the end of lockdown in sight for at least some employers, it is not a time to relax.
An employer is under a statutory duty to ensure, so far as is reasonably practicable, the health and safety at work of its employees. What is an employer to do if a member of staff contracts Covid-19 on return to work?
This means that employers are obliged to set up and implement a safe system of work and to ensure that employees follow it through clear management, instruction, incentivisation and discipline.
Last week I was talking to a litigator who specialised in insurance, his delight was palpable. He could see litigation between employees who become subject to Covid-19 after lockdown eases, employers and their insurance companies keeping him busy for decades to come!
It is easy to see how the disputes will arise. An employer to stay the right side of his obligations will need to comply with Government Guidance, but what is reasonable is fact-specific bearing in mind their business and the lay-out of the work-place.
Of course, there will be claims, but to keep these as low as possible, employers would be well advised to consult with their staff and representatives on how to create a safe system of work to minimize both the risks to staff and the level of concerns and complaints in due course.
On 7 April 2020 the Government published detailed guidance on social distancing in the workplace, comprising
1. General guidance including general principles applicable to both customer- facing and non-customer-facing businesses, plus new sections on shift-working and staggering processes and staff canteens and rest areas, and
2. Detailed sector specific guidance covering shops tradespeople, construction, manufacturing and processing businesses, retail, logistics, transport, waste, farming, fishing and so on
On 11th May 202o the UK Government published its roadmap for coming out of lockdown, phased return of schools and businesses and the social distancing requirements.
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Keep safe, keep strong and keep well.