So what ARE the rules for the workplace now that Boris has declared Covid is OVER? Bosses fear HR nightmare getting nervous staff back to offices while companies float ‘common sense’ approach to sickness and flexible hours
- World of work as thrown into further confusion after Boris Johnson announced end of Covid in England
- Tory leader has vowed to scrap the legal duty to self-isolate if a person tests positive later this month
- Unions urged measures to improve sick pay and ensure people were not forced back into workplaces
- Industry leaders warned it would be hard for bosses to compel to ditch WFH options entirely
- Legal experts added that companies could find themselves at tribunal if they sack non-compliant staff
The world of work was thrown into further confusion tonight after Boris Johnson dramatically announced the end of all domestic Covid restrictions in England.
Speaking to MPs in the Commons this afternoon, the Prime Minister revealed his intention to scrap the legal duty to self-isolate if a person tests positive for the virus later this month as he fights for his political life amid the drama of the ‘Partygate’ scandal.
But the decision appears to raise more questions than it answers for the world of work already revolutionised by the upheaval of lockdown measures taken during the pandemic. Unions frantically urged measures to improve sick pay and ensure people were not forced back into workplaces, warning about the potential of a ‘green light for bosses to cut corners’.
And with millions of people used to WFH, industry leaders warned that it could prove harder for bosses to compel people to return to their offices than they suspect.
Legal experts have said that companies already have a longstanding duty of care to protect the health of their staff irrespective of Covid — and that the burden of safety has only grown in the past two years following outbreaks of new virus variants.
It is possible that businesses could be dragged to employment tribunal if an outbreak in the workplace leads to serious illness or the death of a friend or relative known to the complainant. And bosses who choose to sack non-compliant staff could find themselves on the end of an unfair dismissal claim even post-pandemic, experts added.
Kathryn Evans, partner and head of employment at leading law firm Trethowans, said: ‘Fundamentally, a person’s place of work is governed by their employment contract. If an employee was stationed in the employer’s premises pre-Covid, then it is likely that their employer could require them to return to those premises. However, employers must tread carefully.
‘Employees are protected by law if they refuse to return to a place off work that they reasonably believe presents a serious and imminent danger to them. The bottom line is that if an employee is penalised for not returning for these reasons, then their employer could be on the end of an unfair dismissal and/or a detriment claim. As a result, it would be foolish for employers to take a “one size fits all” approach to reluctant returners.’
She added: ‘There are two key actions that employers should take. Firstly, they must prepare for the return of their workers by following government guidance specific to their business type, carry out the Covid risk assessments and implement necessary safety measures.
‘Secondly, and very importantly, they need to talk to their employees. Don’t take the approach that the employee will make up any reason not to come back to work.’
The current self-isolation regulations expire on March 24 but Mr Johnson told MPs at Prime Minister’s Questions that ‘provided the current encouraging trends in the data continue, it is my expectation that we will be able to end the last domestic restrictions – including the legal requirement to self-isolate if you test positive — a full month early’.
The world of work was thrown into further confusion tonight after Boris Johnson dramatically announced the end of all domestic Covid restrictions in England
With millions of people used to WFH, industry leaders warned that it could prove harder for bosses to compel people to return to their offices than they suspect. Left, Kathryn Evans, Partner & Head of Employment at leading law firm Trethowans. Right, James Tamm, director of legal services at employment law and HR support firm WorkNest
Left, Sean Keyes, managing director of civil & structural engineering Sutcliffe. Right, Lee Biggins, CEO of CV-Library
Speaking to MPs in the Commons this afternoon, the Prime Minister revealed his intention to scrap the legal duty to self-isolate if a person tests positive for the virus later this month as he fights for his political life amid the drama of the ‘Partygate’ scandal. The Tory leader said he will present his plan for ‘living with Covid’ when Parliament returns from a short recess on February 21, with an aim of lifting the requirement to self-isolate within days of that
Current Covid restrictions are due to expire in England on March 24. But Boris Johnson has now told MPs that the remaining domestic rules would end a month early ‘provided the current encouraging trends in the data continue’.
This would remove the requirement for people to self-isolate if they have Covid symptoms or test positive.
He said that the Government would outline its new strategy when parliament returns from recess on 21 February, and would expect to lift the rules later that week.
The few measures left in England include:
- People who develop Covid symptoms or test positive must self-isolate for 10 days (or five full days following two negative lateral flow test results);
- Venues can choose to ask people to show an NHS Covid Pass;
- Face masks are still required in health and care settings, including hospitals, GP surgeries and pharmacies;
- Some shops have asked customers to keep wearing face coverings and they are required on public transport in London;
- Local authorities can recommend face masks in the communal areas of schools;
- Guidance to work from home has ended, and care homes no longer have any limit on visitor numbers.
The Tory leader said he will present his plan for ‘living with Covid’ when Parliament returns from a short recess on February 21, with an aim of lifting the requirement to self-isolate within days of that.
MPs on the Tory right praised the announcement, but scientists and campaigners raised fears about the impact the change could have on clinically vulnerable groups.
A CBI spokesperson said: ‘If the Government goes ahead and lifts all Covid restrictions in England, that will be a symbolic moment as we move away from crisis mode to learning to live with the virus.
‘Maintaining confidence is key, so firms are likely to continue extra measures to protect their staff and customers, as they have done since the outset of the pandemic. And keeping Covid infrastructure in place, like free mass rapid testing and access to vaccines, will still remain essential.
‘All indications are that hybrid working is here to stay, but every business will be different. Firms that can are already seeking a balanced approach to home and office working.
‘But there are also clear benefits to being in the office for staff, and trade in our city centres for some sectors has taken a heavy toll.’
James Tamm, director of legal services at employment law and HR support firm WorkNest, said that bosses need to do what they can to provide remote working options.
‘Given the growing popularity of hybrid work, SMEs must have policies and manager training in place to ensure staff receive the same support and opportunities as their office-based colleagues and mitigate the risk of unfair treatment of workers,’ he said.
‘Failing to do so is likely to spark grievances, which could quickly escalate, leading to time-related costs, reputational damage and — in worst-case scenarios — even expensive Tribunal claims. Small businesses mustn’t duck the issue.
‘For larger businesses, this will be more of a “review and refresh” exercise. A failure to do so may not only lead to disenchantment and demotivation but could, in some cases, lead to claims for discrimination if employees believe that their career is being negatively impacted due, for example, to caring responsibilities. It should not be a case of out of sight, out of mind.’
Lee Biggins, founder and CEO of CV-Library, told MailOnline: ‘The combination of confidence slowly building in the UK economy and the pandemic triggering people to re-assess their lives and search for more happiness and flexibility, has created a perfect storm in the job market.
‘This won’t change with restrictions being lifted and these desires, along with new patterns of working, are now established. If employers want to prevent increased staff turnover and attract new starters, offering top salaries has always been the obvious choice but the option of remote working opportunities is increasingly topping the wish list of UK professionals.
Why you CAN’T refuse to go to work if you are afraid of catching Covid: Staff wary of the virus cannot use it as a reason to stay away from the office, employment tribunal rules
Staff cannot use a fear of catching Covid as a reason not to go back to the office, an employment tribunal has ruled.
This is because worries of getting infected with the virus and spreading it are not a legally protected philosophical belief.
A complaint of unlawful discrimination due to this fear was brought against an unnamed employer at a tribunal in Manchester.
But Judge Mark Leach ruled that health and safety concerns do not qualify under equality legislation as a belief, meaning the employer could withhold their pay.
While the judgment does not set a wider legal precedent, it will give employers confidence if they are considering deducting pay or sacking staff who refuse to return to the office when the current work from home advice is relaxed.
An anonymous woman brought the alleged unlawful discrimination claim against her employer after she decided not to return to work on health and safety grounds in July last year.
A stay-at-home order was first introduced in March last year and many switched to working from their houses unless it was impossible to do so.
After the first lockdown was lifted, many employers encouraged staff back to the office in the summer.
In a statement to the tribunal, the woman said she had ‘reasonable and justifiable health and safety concerns about the workplace surrounding Covid-19’ and the risk posed to her was ‘serious and imminent’.
The woman said she had a ‘genuine fear’ of falling ill from the virus – and particularly of passing it on to her partner who she said was ‘at high risk of getting seriously unwell’.
‘Continuing with hybrid working patterns, where possible, looks to be the smartest move businesses can make going forward.’
Tech company Juro, a legal contract automation platform, are now starting to return to the office but encouraging a hybrid model.
Alan Price, CEO at Manchester-based HR software firm BrightHR, said: ‘The removal of self-isolation rules may cause unease amongst employees who are already concerned about the potential risk of transmission in the workplace or during their commute.
‘As such, employers should undertake a Covid risk assessment and ensure they continue to have safety measures in place to protect all staff members, customers and members of the public. This might involve one-way systems, mask wearing and sanitising stations — although these are no longer mandated by law, companies can choose to keep them in place as part of their health and safety policy. This can help reduce hesitancy amongst employees who are worried about Covid and wish to continue working from home.
‘The onset of the Covid pandemic has seen a shift in employees’ priorities. Many are focusing on creating an effective work-life balance and expect their employment benefits packages to reflect this. As such, organisations which fall short of offering flexible working arrangements, including remote or hybrid working, risk losing key workers.
‘Pay and bonuses will always be a basic motivator for employees, but this is no longer sufficient at attracting and retaining staff on its own. Instead, reasonable remuneration packages must work in tandem with additional flexibility programmes, meaning it is likely to be around for years to come.’
Andrew Mawson, of global consultancy firm Advanced Workplace Associates, told MailOnline: ‘The post Covid-19 world of work needs a new psychological contract between employers and employees that recognises the unique needs of people at different stages in their lives.
‘Ultimately, the creation of new “working together agreements” will need to be agreed by leaders and teams, nailing down the details of how they will work together in the new world of flexible, hybrid working.
‘Managers also often cannot see the ‘invisible’ stresses remote workers face, so they are less able to adapt to them. Workplace stress was already on the increase pre-pandemic — add in increased digital working from home and it may be that managers of remote workers can only see the tip of the iceberg among the multiple demands on an employee’s mental capacity.’
Sean Keyes, managing director of civil & structural engineering Sutcliffe, who have around 50 office staff, said: ‘In terms of the rules changing, the majority of businesses are very happy about this and I’m sure the news has brought a huge smile to the faces of many, especially for those working within the leisure, hospitality and retail sectors.
‘For the construction sector, we have managed to keep busy throughout the pandemic and the dropping of restrictions won’t make too much difference on site, but most importantly for us, we can now welcome back all of our staff members into the office and this’ll be amazing for socialising and morale and will have a real positive effect on mental health.
‘At Sutcliffe, we have had a flexible approach to work since March 2020 and in my eyes it is very much about getting the work completed and out of the door — no matter whether work is done from home, the office or on site.’
He added: ‘I have found that the younger members of our team work better from the office as they can shadow the senior members of staff, but I believe even in a post-pandemic world, working from home is here to stay now and I am all for it.
‘I’ve not seen or heard that any business owners are insistent on staff returning to the office full-time either, and I even know of some businesses that haven’t renewed their current leases to further promote working from home.
‘We are all looking forward to restrictions being lifted for good and I hope that this return to face-to-face work brings a much needed boost to employment and the economy across the board.’
The move came as Mr Johnson sought to bolster support within the Tory party after a bruising period for his leadership.
Graph shows: How Britain’s average Covid cases, deaths and hospital patients on ventilators have changed
Covid deaths for England and Wales by week and date reported. The above figures show the number of deaths within 28 days of a positive test (blue) are now 40 per cent higher than the number of deaths actually triggered by Covid (green bar). The number of Covid deaths where the virus is mentioned on the death certificate (red) is also shown
Covid deaths within 28 days of a positive test (blue) and by mentions on death certificates (red) initially tracked each other closely in England. But in recent weeks the two have now diverged significantly. The data is by date of occurrence
Will international travel rules also be axed next month?
Remaining rules governing foreign travels could also be lifted next month, Downing Street suggested this afternoon.
From Friday fully-jabbed Britons will no longer have to take an LFT two days after getting back from their holiday, in a change introduced to help half-term breaks.
Grant Shapps used a Commons statement last month to also confirm vaccinated children aged 12-15 would be able to access digital Covid passports from February 3.
Rules for arrivals who don;t have all their jabs were also eased so they no longer had to isolate.
This setup is due to be reviewed on March 25, but a spokesman for the PM today left the door open for them to be swept away earlier, along with things like passenger locator forms that have to be filled out at airports.
‘The living with Covid strategy will address the future of the Coronavirus Act 2020, which is due for review by March 25, 2022,’ the Prime Minister’s official spokesman told reporters.
‘That covers the remaining non-domestic regulations on international travel, so that’s things like the passenger locator forms and tests for the unvaccinated.’
Asked if those rules would remain in place until the end of March, the spokesman said ‘we will obviously make a decision when we get to that stage’.
However, unjabbed Brits should probably not make plans too early.
Transport Secretary Grant Shapps has previously warned that many foreign countries popular with UK tourists are likely to require some form of proof of vaccination on entry, at least for the coming summer season.
Former minister Lord Frost, who highlighted coronavirus restrictions as one of his reasons for quitting in December, said the move was ‘extremely welcome’ and added ‘I hope the Government will also make clear we will not go down the road of coercive lockdowns ever again’.
Tory MP Steve Baker, deputy chairman of the Covid Recovery Group, said: ‘I welcome this announcement but we are not out of the woods until the Public Health Act has been reformed, we have new rules for better modelling, competitive, multi-disciplinary expert advice and wellbeing-based cost-benefit analysis covering the costs of lockdowns and restrictions.’
Health Secretary Sajid Javid said: ‘We are the freest country in Europe thanks to the strong defences we have built. We’re learning to live with Covid.’
The move will see Covid-19 treated in a similar way to other infectious diseases such as flu, with people encouraged to stay at home if they were ill.
The Prime Minister’s official spokesman said: ‘We would never recommend anyone goes to work when they have an infectious disease.’
The prospect of the removal of the remaining restrictions, which also include the ability for councils to order the closure of premises where the virus could be spreading, has caused unease for some of those most at risk from the disease.
Phillip Anderson, head of policy at the MS Society, said ending the restrictions will ‘heap yet more worry and confusion on thousands of immunocompromised people’. James Taylor from disability equality charity Scope, said: ‘Scrapping self-isolation will mean that some disabled people will be feeling very anxious and could potentially be placed in situations that could prove deadly.’
The Government’s plan is expected to set out further information for vulnerable groups but officials also believe ‘cutting edge treatments’ will also mitigate some of the risks.
Paul Hunter, professor of medicine at the University of East Anglia, said while there were grounds for optimism in the overall data on deaths and hospital admissions, he had concerns about the vulnerable and people who may not have responded as well to the vaccines.
Dr Simon Clarke, associate professor in cellular microbiology at the University of Reading said: ‘If the requirement on infected individuals to isolate at home is lifted as indicated, it will be an experiment which will either be shown to be very brave or very stupid, but nobody knows for sure what the result will be.’
Professor Peter Openshaw, who advises the Government on Covid through the New and Emerging Respiratory Virus Threats Advisory Group, said he would be ‘very reluctant’ to suggest this was the end of Covid, adding it was ‘still a very nasty virus’.
Figures published on Wednesday show Covid-19 infection levels have risen in three of the four UK nations, with only Wales showing a fall.
Scotland and Northern Ireland both saw an increase last week in the number of people in private households likely to have coronavirus, according to the Office for National Statistics (ONS). England also saw a rise, though the trend here is ‘uncertain’, the ONS added.
The figures show there is still a high prevalence of the virus across the country, with infections remaining well above pre-Christmas levels.
Around one in 19 people in private households in England had Covid-19 in the week to February 5, or 2.8 million people, up from one in 20, or 2.6 million people, in the week to January 29.
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