Month: January 2021

Following today’s announcements by the UK Government and Scottish Administration, we consider the workplace issues in connection with the increased COVID-19 restrictions, including the impact on non-essential offices.

What About Non-Essential Offices?

In short, a move to stricter Level 4++ restrictions should NOT impose any new restrictions that prevent non-essential offices from continuing to operate as they have been or prohibit those staff that have been attending work from commuting to work.

The default position from the Scottish administration has always remained that non-essential offices should remain closed and that staff should work from home where possible, but there is nothing in the legislation (original or recent) that requires non-essential offices and/or manufactures to close OR which restricts the movement of people either within or between different tier areas in the same way that Part 3, Regulation 5 of the now revoked Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 set out the restrictions on movement which, in the early phases of lockdown, meant people could not leave their homes unless they were a key worker, an essential worker or otherwise had a valid reason to.

However, Schedule 5 of the latest legislation, which sets out in detail the Level 4 restrictions lists which types of businesses are required to shut, makes no reference whatsoever to non-essential offices, therefore, provided you have undertaken the appropriate H&S risk assessment and introduced all necessary controls and measures to protect your staff, there is no requirement to shut non-essential offices. 

What Issues Might Employers Face if Level 4 Restrictions Are Imposed?

Many of the issues facing employers as they stare down the barrel of further lockdown restrictions will be similar to those they faced when the impact of the COVID-19 pandemic started to impact on peoples’ lives and work back in March this year.

The immediate issue for employers of business workplaces that are not being specifically required to close is whether they should close voluntarily, in full or in part.  The fact that the Furlough scheme has been extended to the end of March 2021 means this is a viable option and one that would enable them to retain staff for however long the stricter lockdown restrictions remain in place.

We set out the key features of the extended furlough scheme here:  The Extended CJRS (furlough scheme)

However, if closing the workplace isn’t an option, other issues employers may face include the following:

• Staff either being or living with a “clinically extremely vulnerable’ or ‘clinically vulnerable’ person.
• Childcare issues and staff claiming they can’t return to work because schools are closed.
• Staff simply being extremely anxious about the risk posed by COVID-19 and frightened of a return to the office.
• Staff expressing concerns relating to health & safety and what they perceive to be the employer’s failure to follow government guidance.

The appropriate approach employers should take will depend on the specific reasons set out by each employee, but employers will need to proceed with caution to avoid the risk of possible claims at the Employment Tribunal.

Support from Employment Law Services (ELS)

This evening Prime Minister Boris Johnson addressed the nation to confirm tougher lockdown restrictions will be introduced across England with effect from midnight 4 January 2021, suggesting England could “steadily” move out of the national lockdown from mid-February.

Tougher Lockdown Restrictions in England

Most areas of England are already subject to strict tier 4 restrictions but despite this, COVID infections have continued to rise at an alarming rate with 58,784 new cases of the virus having been recorded today (Monday 4 January 2021).

The Prime Minister’s announcement this evening follows a similar announcement by Scotland’s First Minister, during which she confirmed tougher lockdown restrictions being introduced across Scotland from midnight on 4 January 2021.

Key Changes to Lockdown Restrictions in England

• Whereas local restrictions applied in England previously, these new, tougher restrictions will apply nationally across the whole of England.

• It will now be a legal requirement to stay at home and not leave home except for essential purposes, such as shopping for basic necessities (as infrequently as possible), to undertake exercise alone or with members of your household only for a medical need to provide care or help a vulnerable person, or to travel to and from work, only if absolutely necessary and only if you are unable to work from home.

• Clinically extremely vulnerable people should begin shielding again and those not able to work from home should not go into work at all.

• Primary and secondary Schools will be closed to the majority of pupils from 5 January 2021, except for vulnerable children and those of key workers, and will move to remote learning only.  Exams have been cancelled.

In making his announcement, the Prime Minister confirmed that the whole of the UK must now move to COVID Alert Level 5 “meaning that if action is not taken, NHS capacity may be overwhelmed within 21 days”.

Citizens across the United Kingdom are again being told to: 

“Stay at home. Protect the NHS. Save Lives.”

Impact of New Restrictions for Employers

Following today’s announcements, we consider some of the issues Employers might face due to tougher lockdown restrictions and what the new tougher restrictions might mean to Employers. 

We also set out the key features of the extended furlough scheme here:  The Extended CJRS (furlough scheme)

What About Restrictions Wales and Northern Ireland?

Wales imposed level 4 restrictions on 20 December 2020 and Scotland and Northern Ireland imposed tier 4 lockdown restrictions from midnight on 26 December 2020, but despite these restrictions COVID infections have continued to rise at an alarming rate with 54,990 new cases of the virus having been recorded on Sunday 3 January 2021. With the rest of the UK now subjected to even tougher lockdown restrictions similar to those introduced on 23 March 2020, it looks very likely that Wales and Northern Ireland will also introduce further restrictions and the respective administrations are meeting this evening to discuss the ongoing situation to decide what steps they will take.

From Darkness to Light – The Roll Out of the COVID-19 Vaccine

The newly approved coronavirus vaccine created by Oxford University and AstraZeneca is being rolled out across the UK today and the Prime Minister said that “if things go well”, the government expects to have offered a first vaccine dose to everyone in the four top priority groups in England by mid-February.  This includes vaccinating all residents in a care home for older adults and their carers, everyone over the age of 70 and all frontline health and social care workers.  The Scottish government has said it is “on track” to vaccinate everyone eligible in the first wave by spring 2021.

Support from Employment Law Services (ELS)