During the third national lockdown in the UK, the legalities and logistics of working during lockdown became one of the hottest topics. While more people were allowed to go to work compared to the first lockdown in March 2020, the message from the Government remained clear: employees had to work from home if they could do so effectively, and should only travel to their workplace if their job genuinely couldn’t be done remotely.
Jobs that fell into this category included key workers, healthcare professionals, teachers, childcare providers, transport workers, construction and manufacturing employees, funeral directors and essential retail staff. Additionally, domestic cleaners, dentists and estate agents were also permitted to work. However, there was often confusion and disagreement in workplaces where staff could technically work from home, but employers felt they would be more productive at the workplace.
Disputes over workplace attendance
During this time, disputes sometimes arose when employers insisted that staff come into work despite the employees’ concerns. Our team of experts explored various scenarios, considering the rights of both the employee and the employer.
Safety concerns
The primary concern for workers was their own safety. In England, strict measures were in place that employers had to follow to ensure the workplace was safe, providing employees with a “checklist of reassurance.” These safety measures included:
- Minimising unnecessary office visits.
- Enforcing 2m (6ft) social distancing wherever possible.
- If not viable, observing 1m social distancing with additional precautions.
- Frequent cleaning of surfaces, objects, and communal areas.
- Providing extra hand-washing facilities.
- Introducing one-way systems to reduce contact.
- Installing screens or barriers between staff.
- Encouraging back-to-back or side-to-side working instead of face-to-face.
- Staggering start/end times.
- Collecting visitor contact details for NHS Test and Trace.
If employees felt their concerns were not addressed, they could contact local authorities or the Health and Safety Executive, which had the power to force businesses to comply. If a company could demonstrate that all necessary measures had been taken, it could legally require employees to come to work.
Shielding employees
Under the new measures, people who were clinically “extremely vulnerable” should now shield once more and would be contacted by letter advising them to do so. This group should NOT go to work, even if they cannot work from home. These people could ask to be furloughed (although the company did not have to grant this) or they may have been able to claim statutory sick pay using a shielding letter as evidence of the need for this.
The childcare issue
The mandatory closing of schools across the UK, while essential in efforts to contain the virus, was a huge logistical nightmare – particularly for those with younger children. Throw in the additional requirement to supervises online learning, it all becomes very complicated.
Despite this, if an employer requires their employee to go in to work, they must do so, regardless of childcare commitments. The Government has said that parents can ask to be furloughed – but employers do not have to grant this.
Clearly, no one is suggesting that children can be left home alone, so there are other options. Parents who require time off for childcare may be able to take this as annual leave, or as unpaid parental leave. Some employers will also consider flexible working.So, can an employer “force” an employee to attend work?
As with many things during the pandemic, there was no black and white. Many different factors had to be taken in to account, including individual circumstances and the type of work required. Employers needed to treat employees fairly and be as flexible as possible. However, they were breaking the law if they demand an employee return to their workplace after an employee informed them they were shielding.
The experiences of working during lockdown prompted businesses to rethink traditional working arrangements, making remote work and workplace flexibility a more permanent fixture in many sectors. For businesses navigating these transitions, effective change management is crucial to ensure smooth and successful adaptation to new working models.
If you are in any doubt at all it’s always best to speak to a reputable HR company. Multi-Award winning People Matters HR, Bury’s leading HR business, have a wealth of experience and can offer the very best advice. Contact us on 0161 738 1808.