Irwin Mitchell’s Jo Moseley looks at issues raised by Covid-19 for employers, and explains best practice in the weeks ahead.
The impact of coronavirus on the UK is unprecedented. Freedoms that we take for granted are being curtailed and we are quickly making changes to the way we live, interact and work. Businesses are asked to encourage and help their staff to work from home as part of the government’s programme of social distancing and, where that’s not possible, to come up with creative and flexible options to help people continue to work. The property industry is not exempt from these measures. Staff at Cushman & Wakefield have been working remotely since 17 March, JLL has closed all three of its London offices and staff told to work from home, CBRE has accelerated its remote working practices, and indeed, EG has embraced remote working. Other firms are following suit.
None of this is easy. So, what do employers in the industry have to be aware of as we enter this new phase of working?
Working from home
Employers need to remember that they have the same health and safety responsibilities for home workers. If some of your staff can work remotely, on anything other than a temporary basis, you’ll need to ask them to do a quick risk assessment to make sure their working environment is safe. They’ll need a table to work at, good lighting and somewhere to sit. You only need to do what is “reasonably practicable” so everything doesn’t have to be perfect. The HSE has a checklist you can use: www.hse.gov.uk/pubns/ck1.pdf
If staff use their own PCs, it is important employers put in place measures to keep not only their own data secure, but their clients’ also. Tell your staff to lock their screens and protect paper files when they are not being worked on even if there are only family or visitors in the house. They’ll also need to dispose of confidential documents appropriately. Sensitive information may need to be encrypted and you’ll need to agree how to do this.
Decide how often your staff need to check in with their line manager or wider team and how this should be done. Skype and telephone conferencing are good options. This will help you keep track of their workload, but will also give them the opportunity to discuss any issues they are concerned about.
Employers may need to be flexible around working hours. With schools closing for the foreseeable future, many parents will have their children at home and may not be able to devote all of their contractual hours to work. If their duties don’t have to be done at a specific time, you could allow them to work at a time that best suits them – which could vary day to day. Obviously, you’ll want to make sure they meet the primary needs of your clients or other colleagues, but you may also have to accept that they simply may not get as much done.
The flipside is that some members of staff may work excessively long hours. It can be difficult to switch off if your home is also your workplace. Workers shouldn’t work over 48 hours a week (averaged over a 17-week period) unless they have signed an opt-out. Employers have responsibilities to monitor working hours and step in if someone is doing too much.
Remember also, not everyone is suited to working remotely. Some people find it very isolating and lonely and may struggle with their mental health if they have to do it for weeks/months at a time. It’s important for employers to speak to them regularly and offer appropriate support.
Other issues
If staff can’t work from home and there’s still work for them to do, employers will need a strategy to deal with other difficulties. The pandemic is expected to peak in the UK over the next two-to-three months. Current guidance is that anyone who has symptoms of the virus must self-isolate for seven days and anyone they live with has to self-isolate for 14 days, although that may change if testing becomes widespread. You’ll need to consider how you can continue to run your business if significant numbers of people are absent. Do you have a bank of casual staff you could ask to work? Alternatively, can you deploy staff with transferable skills to more business-critical roles?
Employers must make the work environment as safe as possible. If staff have to attend a specific place of work, can it be adapted so that they do not come into close contact with other people? The government recommends that people keep 2m away from each other. That may mean that you have to move desks or other workstations (and you should ban “hot desking” for now). Good hygiene is essential. Staff should have access to hot water and soap (or decent hand gel) and be reminded to wash their hands frequently and try to avoid touching their faces. If they usually share equipment, steps should be taken to avoid cross contamination.
Employers should also anticipate travel restrictions which are already being imposed in London. How will staff get into work if they can’t use public transport? You must follow government advice to protect your staff and the wider population.
High-risk staff
Current advice is that the risk of severe illness increases among people aged 70 and over and those with underlying health risks, such as diabetes, heart disease and lung disease and those with weakened immune systems. Pregnant women have also recently been included in the “at risk” group. These people have been asked to socially distance themselves and may have to self-isolate for long periods soon. If they can’t work from home, you may have to pay them.
Communication
Keep staff up to date with the developments in your business and how you are responding to the crisis so that they have good reliable information. Publicise all help that’s available to them and perhaps set up a blog where staff can share tips for working from home, etc. Keeping up staff morale is important as you’ll want them to be fit and healthy when things get back to normal and they can get back into the marketplace.
Jo Moseley is a professional support lawyer in the employment team at Irwin Mitchell
