Employer’s Duties and Considerations for the New Normal

The last 15 months have completely changed the way that a substantial number of us work.

As we are progressing through the Government’s staged roadmap out of lockdown, many employers are now re-evaluating their working practices that have been the norm for the last year or so, and where appropriate are:

  • bringing their employees back into the workplace more regularly or permanently; or
  • are setting up new, more flexible, and agile working arrangements and policies for their employees to allow them to work from home more on either a part time or in some cases, a permanent basis.

In light of the above, it is worth reminding employers what health and safety considerations should be borne in mind when deciding where best their employees should be working.

As an employer, what are my health and safety responsibilities to my employees who are continuing to work from home?

Employers have the same health and safety responsibilities and duties to their employees who are working from home as they do for any other employees working in the workplace.

     (a) Duty to undertake a workstation risk assessment

Where an employee is permanent/long term working from home, employers should undertake a workstation risk assessment as you would for any employee working in the workplace.

Previously employers may have visited their employee’s home, and undertaken a workstation risk assessment. In all likelihood, this will not now be the case.

The advice, therefore, is that employers liaise with their employees to assist them to undertake a home workstation risk assessment themselves (if they have not already done so).

Employers should provide guidance to all employees with regards to how to carry out a workstation assessment to enable them to monitor their workstation and prevent any impact either physically or mentally as a result of their workstation set up.

     (b) Mental Health and communication

It is of paramount importance that you keep in touch with employees who are working from home. Employees in this situation have a higher risk of feeling isolated, abandoned, and disconnected because of their working arrangements which can be detrimental to their mental health.

It is therefore important that your homeworking risk assessment also factors into account the impact of homeworking upon an employee’s mental health.

Employers should put in place a system of communication for those employees that are working from home, and ensure that they are aware of an appropriate point of contact should they have any difficulties. 

     (c) Provision of equipment

Where possible, employers should try to meet any home working equipment needs such as providing computers, laptops, keyboards, ergonomic chairs, or supporting cushions.  Furthermore, if an employee has reported any physical or mental symptoms related to their home working, employers should assess whether any further support can be provided.

And what should employers be doing to assist with the return to the workplace for their employees?

The following advice still remains as was previously the case in terms of practical steps to take before your employees return to the workplace:

a) Ensure that your specific COVID-19 risk assessment has been reviewed and is up to date.

b) Put in place all appropriate steps and measures to enable employees to return to the workplace safely off the back of that risk assessment.

c) Communicate your risk assessment and new working practices and procedures to your employees and take on board their comments and feedback. The reality is that only your employees can really confirm whether or not the practices and procedures that you are putting in place can realistically work to ensure a safe return to the workplace.

d) Monitor the practices and procedures that have been put in place to ensure that they are being adhered to by both employers and employees alike.

e) Keep on top of the government guidance and updates, and continue to take feedback and comments from your employees to ensure that the practices and procedures that have been put in place are working, and will continue to work.

What can employers do in terms of assisting with employees’ mental health on the return to the workplace?

Employees that are returning to the workplace may be suffering from symptoms of anxiety and stress as they go back to work whilst the pandemic and its repercussions still play out in the background. Those employees may have vulnerable people living with them in their household that they return to after work, and who therefore may feel more anxious about attending the workplace every day.

Our advice is that employers should consider the following:

  • Undertake some form of risk assessment that takes into account your employees’ mental well-being, and puts into place appropriate steps and measures to monitor their mental health accordingly.
  • Put in place a system of communication for all employees which includes regular check-ins with employees (if possible face-to-face either virtually or in the workplace).
  • Make sure that all employees are aware of an appropriate point of contact should they have any difficulties.
  • Put in place support groups or enable employees to keep in contact with their peers to enable them to discuss any issues.
  • Ensure that line managers are briefed and made aware of the mental health implications of COVID-19 and what their roles and responsibilities are in relation to supporting their staff. Specifically, line managers should be briefed on how to spot the first signs of mental illness and how to then take steps to reduce any stress accordingly.
  • Communicate regularly on well-being and mental health support, as well as keeping staff up to date and informed on developments within the business/organisation to ensure that they feel involved.

So what should I do if an employee does disclose a mental health issue to me?

Where a line manager / HR has been made aware that one of their employees is struggling, they should consider the following:

  • Referring the employee to their GP where further advice and support is required.
  • Referring where appropriate their employee to occupational health.
  • Providing further information to that employee in terms of support services for mental health and well-being.
  • Put in place a further plan to monitor that employee’s well-being and where possible make reasonable adjustments to that employee’s job/role or provide support to that employee, dependent upon what the employee’s needs are.  Any plans will be dependent upon the employee’s circumstances and in all likelihood will need to be flexible, taking into account the extent of the issue or the needs of the employee as well as what is feasible for the employer to accommodate.
  • It goes without saying that line managers/HR should seek additional advice where there are serious concerns about an employee’s mental health, and in an emergency, call 999.

Overall it is important that employees feel that by disclosing any mental health concerns, that their disclosure is made on a confidential basis, that no assumptions will be made, that their concerns have been taken seriously and, as far as possible, the necessary support has been provided. 

Should you have any queries about employees working from home either on a temporary or permanent basis, or any concerns about how to protect the mental health and well-being of your employees, or have any other health and safety queries with respect to your duties as an employer working during the pandemic or in general, please do not hesitate to contact the team at Prettys.

Expert
Louise Plant
Senior Associate