Following the Government’s announcement on Sunday outlining the recovery strategy for the UK, further guidance to help employers, employees and the self-employed was issued on Monday to ensure that workplaces are as safe as possible. There are 8 guides, which cover a range of different types of workplace and an employer’s first steps should be to obtain a copy of the relevant guidance and to keep an eye on gov.uk for any further updates.
This guidance is a practical framework for employers and businesses to use to re-open their work spaces and it must be applied in accordance with current health and safety and employment law and practice.
At this time, whilst there is no answer in relation to when businesses in the tourism and leisure sector can open, the time can be used to review working practices as without exception, every employer must carry out a covid risk assessment for their workplace to enable it to make the right decisions as to how social distancing and hand / surface cleanliness can be maintained across the workplace.
Part of the risk assessment process is to engage any unions or employee representatives in the process, or possibly the employees themselves, to work with them to understand the risks and to find practical ways to address these. In an ideal workplace, everyone will understand the assessment and agree how work will be carried out.
It is understandable that some employees or workers may be anxious about returning to work and a key step in addressing that anxiety is the risk assessment and the communication of it.
An employer cannot require an employee or worker to return to work if it is unsafe to do so. If the work environment is safe, an employer can ask an employee or worker to return to work. If an employee or worker refuses, it is essential that the employer takes the time to fully understand the reasons behind this refusal before making any decision regarding the refusal. It is these reasons for the refusal that will be key as to whether any decisions or actions that follow are lawful or not. If the reasons relate to a protected characteristic, for example age, disability or pregnancy, then further advice should be sought.
If you have any concerns related to this topic, or if you would like any further information, please do not hesitate to contact a member of our Leisure & Tourism team.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
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