This 'roadmap' sets out the detail of the three stage plan for England to move out of lockdown whilst the rest of the UK maintain stricter lockdown measures for the time being. The first stage of the plan, which took effect on 13 May 2020, eased restrictions around workers returning to their places of work.
Under the new rules effective in England:
The government published guidance - for workers, employers and the self-employed - to assist in making workplaces 'COVID-19 Secure'. There are 8 iterations of the guidance, aimed at different types of workplace.
The Government's roadmap has significant and pressing implications for businesses in England who may now need to consider bringing its workforce back into the workplace.
Employers owe a general duty of care to their employees, as well as specific legal obligations to ensure their health, safety and welfare. It is critical that before employees return to the workplace, risks relating to coronavirus are mitigated in so far as reasonably practicable.
The guidance requires employers to carry out a risk assessment and establish safe working practices in agreement with their employees, directly or via employee representatives, where appropriate. Larger employers are also required to publish the risk assessment on their websites. The guidelines will provide a useful framework for employers and compliance with them will assist employers in demonstrating they have discharged their duties to their employees.
Employers should refer to the relevant 'COVID-19 Secure Guidance' and take all reasonable steps to make their working practices as safe as reasonably practicable. Depending on the nature of the work and operations, it may be necessary to refer to more than one of the guidance notes.
Employers must recognise that some categories of employee may not be able to safely return to work, either due to their own vulnerability, or that of a member of their household. Employees may also object to returning to work simply because they do not consider it safe, notwithstanding changes to working practices in place. Childcare will remain an obstacle for many.
It will be important for employers to consider each individual's personal circumstances and concerns and take advice where necessary. Specific protection against detriment and dismissal applies in relation to health and safety concerns and certain categories of staff, for example, disabled employees and pregnant women, benefit from particular protections.