03.12.2021

Returning to the workplace

Mediator, Employment Law Attorney, Dispute Resolution Adviser, HR Consultant

As Covid cases are on the rise and the Omicron variant is rearing its head, here is a reminder of what to do where employees maybe reluctant to return to the workplace:

Take into account how effectively employees have been performing whilst working from home
Be aware of the current government guidance. This may vary depending on which part of the UK you are in and which business sector you work in: https://www.gov.uk/guidance/working-safely-during-covid-19
Check your contract. Does it specify where your employees must work?
Check the government and HSE websites for information on how to keep your workplace safe https://www.hse.gov.uk/coronavirus/index.htm
Consider reasonable adjustments where an employee is clinically vulnerable from coronavirus
Listen to employees’ individual concerns about the workplace and consider how they can be addressed
If an employee makes a flexible working request, deal with it in a reasonable manner. There are limited grounds for refusing a request
Pregnant employees may be very anxious about returning, so consider if it is genuinely necessary for them to do so
Childcare responsibilities may also make it difficult for an employee to return to work. Your decision needs to be objective.
Always consider hybrid working as an option for all requests
If an employee is unable to return to work can they be redeployed?

If after these considerations have been made you still believe it is right to ask your employee to return to the workplace, you must inform them that failure to return to work could result in disciplinary action. You will need to monitor the situation and be prepared to take disciplinary action where appropriate.

#hr
#covid19
#returntowork
#leadershipandmanagement
#workplacesafety

Kim Nicol

Mediator, Employment Law Attorney, Dispute Resolution Adviser, HR Consultant

I am a qualified employment law solicitor with over 25 years' experience working for the most part with employers. All businesses are vulnerable to tribunal claims from employees. My firm…