The legal and moral position for employers on encouraging employees to return is a difficult decision to make. Whilst the government in England is 'actively encouraging' those who cannot work from home to return to work there is no legal obligation to do so. Different advice applies in Scotland, Wales and NI whose workers are encouraged to stay at home.

Employers should ensure key decisions around the return to work are taken at board level, and documented properly. Employers have to undertake a balancing act taking into account:

• Managing the health risks employees face in the workplace and travelling to work from potential exposure to the virus
• Financial pressures of their business
• The fact that the furlough scheme may shortly have reduced payments before coming to an end
• The safety risks that new working practices may present to employees and others whilst the threat of infection from Covid-19 remains
• Problems faced by those needing childcare.

Is it essential?

If people can continue to work from home they must continue to do that for the foreseeable future. If they cannot work from home, is their work deemed essential or could the business continue to use the Government’s Job Retention Scheme for longer, giving them the time needed to put safety measures and clear employee guidance and consultation in place?

Is it sufficiently safe?

Employers have a duty of care to identify and manage risks to ensure that the workplace is sufficiently safe to return to. Employers should take their time with gradual returns to work to test health and safety measures in practice and ensure they can work with larger numbers before encouraging more of their workforce back.

Is it mutually agreed?

It’s vital that there is a clear dialogue between employers and their people so concerns, such as commuting by public transport, can be raised and individuals needs and worries taken into account. There will need to be flexibility on both sides to accommodate different working times or schedules as ways of managing some of these issues.

Home working

Satatium voloration pos volorem aut inuscip santur sa endignis etus, coruptatia aut fugiatis aut occullu ptatem que num exped quia volorerestia nectem a sequia et autatis. Nostiam es egi aleris noxim me vernica vividi menius in etiquam. Nostiam es egi aleris noxim me vernica patquodiu in simissoliis etiquam. Satatium voloration pos volorem aut inuscip santur sa endignis etus, coruptatia aut fugiatis.