Advice issued to businesses following Plan B announcement

John Merry, head of employment at Lanyon Bowdler Solicitors, said: “Due to Covid-19 continuing to circulate at a high level, many businesses in England have erred on the side of caution and continued to require that employees should work at home to the extent possible.

“For those who have not done so, then of course they must revert to this practice from Monday.

“Having had to adapt to such arrangements before, and in many cases with at least some of the workforce having adopted hybrid working arrangements involving an element of homeworking, it should be much easier for employers to adapt to the home working direction on this occasion than when it was first introduced.

“As the updated guidance states, though, anyone who can’t work from home should continue to go into work, for example to access necessary equipment or where their role must be performed in person.

“The guidance also recognises that home working will not be appropriate for workers for whom it will cause or contribute to mental or physical health difficulties, or who have ‘a particularly challenging home working environment’, and encourages employers to consider this.

“The guidance states that employees who need to continue to go into work should consider taking regular lateral flow tests. Employers should by all means encourage this – but in the normal course, they can’t oblige employees to do so.

“The guidance also sets out a reminder that for those who attend their workplace, the Government will continue to provide up-to-date working safely guidance on how employers can reduce the risks relating to Covid-19, which they should consider when preparing their health and safety risk assessments, and apply.”