As we head closer towards the start of winter, the rise in Covid cases has again become a pressing issue.

Many employers are waiting with bated breath to see if the government will switch from its current Plan A approach (which centres on people being tested and receiving vaccines) to Plan B (including Covid passports, compulsory wearing of face coverings, public communication of the level of risk and potential instructions to work from home again).

The trouble is that uncertainty, in these or any other times, breeds confusion which, in turn, creates a lack of trust.

What this means for me as an employer

The danger for employers is that they will be left waiting for the government to tell them what to do.

Whilst this might have been excusable during the first lockdown, by now it surely will not be, as Covid is a known risk that needs to be managed in the workplace.

Therefore, waiting for the government to tell you what to do is not an excuse for keeping your staff and their concerns on hold.

The impact of not taking action now

There is a duty of mutual trust and confidence between an employer and an employee that is implied into every contracts of employment.  As the word “mutual” suggests, it works both ways.  Your employees need to act in a loyal manner towards you and you need to be loyal towards them as well.

Covid-19 should, by now, be a pivotal aspect of your business planning given the massive impact that it has had on society the world over.  Therefore, if you are not planning for the point where the ongoing impact of Covid-19 will require you to step in and direct your employees on appropriate behaviour, then you should.

For instance, last week, the University of Southampton took this step in requiring its staff and students (other than those with medical grounds for not doing so) to start wearing face coverings again with immediate effect for the sake of individual and collective health and safety in the context of rising Covid figures.

Whilst it could be argued that this is a matter of business choice, a business also has a legal obligation to provide a safe workplace.  A failure to do so will not only risk breaking the duty of mutual trust and confidence, but could also give rise to other significant claims surrounding personal injury, discrimination, whistleblowing detriment and automatically unfair dismissal.

What is the solution?

In a word: preparation.

Identifying the risks and the point at which those risks become insurmountable when compared to the impact on your employees is essential.  This should initially be done in conjunction with your health and safety adviser.  If you do not have a health and safety adviser, they are a crucial workplace investment.  After all, as a business owner, no one (not least yourself) can expect you to be an expert in everything.

What next?  Simply communicate the outcome to your employees?

No.  Your employees have a right to be a part of this decision-making process, either through their appointed representatives in the workplace or, if they do not have representatives, then directly.

Clearly, HR plays a crucial role in this, as they will know the best way to interact with your employees and/or their representatives about the consultation process and the outcomes of that process.  Therefore, HR is another of those crucial investments to help guide you through a challenging time.

What next steps should I take?

As said, don’t attempt this alone.  It is far too complex and the risks are significant if you start making mistakes.

Ensure that you are consulting your health and safety adviser from the very beginning and throughout the consultation process with your employees to see what is feasible and, above all, safe.  Alongside this, you might need to have other services (most notably cleaning and IT services) in place or on standby to put your plans into effect.

When it comes to communicating with your employees, tact and diplomacy are essential, not least in encouraging your staff that you are actually listening to their concerns and acting upon them where you can. 

Developing this “arm’s length” approach is tough for many business owners and it is therefore advisable to either turn to your HR department for support or to bring an external provider in to help you to communicate the business’s plans and needs in the context of discussions taking place with your employees.

If you are concerned that you might need HR and employment law support, contact me at [email protected] or on 01202 076864 to make use of my HR Healthcheck Assessment.  This Assessment will identify whether you have existing HR support and whether you need it, together with what systems and processes you might need to implement to get your business legally compliant.