Rosemary Connolly LL.B., LL.M. Principal Solicitor Rosemary Connolly Solicitors Limited www.solicitorsni.net 1
Many if not most businesses within the Tourism Sector are now temporarily closed in line with Government direction. 2
➢ Many employers will have availed of the Coronavirus Job Retention Scheme (CJRS) under which employees can be ‘furloughed’ where there is no work for them and they are required to stay at home. ➢ Apart from the requirements to stay at home and cease work all of the other terms and conditions of the employees Contract remain in place. ➢ Specifically, the employer continues to owe a duty of care to the employee. ➢ Employers should communicate regularly with furloughed employees who may otherwise feel marginalised or isolated. 3
➢ Furloughed staff should be given a HR (or other management) contact in case HR related enquiries arise (e.g. taking or postponing booked annual leave, sickness absence, maternity issues) ➢ Care should be taken that any communications cannot be construed as involving the employee in income generating work ➢ A communication plan should be established so that furloughed employees are kept aware of any proposed changes to the organisation and/or arrangements for ending furlough ➢ Purely social contact by WhatsApp groups etc is permissible as long as income generating work is not engaged in ➢ Care also needs to be exercised as to the appropriateness and confidentiality aspects of public social media platforms 4
➢ The steps to be taken to effect an orderly and safe return to (more) normal working arrangements will depend on the pattern of working that has been adopted by the business to cope with the current crisis including: ❑ If a business is not currently operating – all staff furloughed ❑ Business trading on a limited basis – some staff furloughed, some staff working remotely, some ‘essential’ staff 5
➢ Factors that will be relevant to planning for a return to work situation are: ❑ The need to carry out sector appropriate risk management assessments to safeguard the health of returning employees and minimise the risk of infection ❑ The fact that some form of social distancing is likely to be required for a considerable period going forward ❑ NI Business info regularly updates its guidance to employers on how to maintain safe work environments and provide links to ongoing relevant guidance from Health & Safety Executive in NI (HSENI) Public Health Guidance 6
➢ Until Government and Hospitality sector change they will continue to be prohibited from opening. However that may change and we may shortly see a road map indicating when these businesses may re- open. ➢ As well the CJRS Scheme (currently) is scheduled to end on 30th June 2020, although it may continue for a time after that either in its existing or a modified form. ➢ Employers should now be planning for a return to work and ensuring that this is done safely and in a way that does not infringe the employment rights and entitlements of affected employees. 7
➢ Employers will need to be mindful that employees may be concerned about returning to the workplace and it will be necessary for employers to effectively communicate the practical steps and arrangements they have taken to safeguard the health, safety and well-being of their employees once they return to work. ➢ Good communications are more important that ever to manage the concerns which will arise. 8
➢ Businesses and workplaces should make every possible effort to enable working from home as a first option. Where working from home is not possible, workplaces should make every effort to comply with the social distancing guidelines set out by the Government ➢ Members of staff who are vulnerable or extremely vulnerable, as well as individuals whom they live with, should be supported as they follow the recommendations set out in guidance on social distancing ➢ Where the social distancing guidelines cannot be followed in full in relation to a particular activity, businesses should consider whether that activity needs to continue for the business to operate, and, if so, take all mitigating actions possible to reduce the risk of transmission between their staff ➢ Make regular announcements to remind staff and/or customers to follow social distancing advice and wash their hands regularly 9
➢ Encourage the use of digital and remote transfers of material where possible rather than paper format, such as using e-forms, e-mails and e-banking ➢ Provide additional pop-up handwashing stations or facilities if possible, providing soap, water, hand sanitiser and tissues and encourage staff to use them ➢ Where it is possible to remain 2 metres apart, use floor markings to mark the distance, particularly in the most crowded areas (for example, where queues form) ➢ Where it is not possible to remain 2 metres apart, staff should work side by side, or facing away from each other, rather than face to face if possible ➢ Where face to face contact is essential, this should be kept to 15 minutes or less wherever possible ➢ As much as possible keep teams of workers together (cohorting), and keep teams as small as possible 10
Additionally, for customer-facing businesses: ➢ Use signage to direct movement into lanes, if feasible, while maintaining a 2 metre distance ➢ Regulate entry so that the premises do not become overcrowded ➢ Use additional signage to ask customers not to enter the premises if they have symptoms ➢ If feasible, place plexiglass barriers at points of regular interaction as an additional element of protection for workers and customers (where customers might touch or lean against these, ensure they are cleaned and disinfected as often as is feasible in line with standard cleaning procedures) 11
Recommend
More recommend
