This Post-coronavirus lockdown: Letter to employees who do not wish to
return to the workplace should be used for employees who are reluctant to
return to the workplace as the coronavirus lockdown is lifted. On 17 July,
Boris Johnson changed the official guidance to employers, saying that, with
effect from 1 August, employers can bring staff back to work if they
believe it is COVID-19 safe. Johnson said: “We’re going to give employers
more discretion and ask them to make decisions about how their staff can
work safely. That could mean continuing to work from home, which is one way
of working safely and which has worked for many employers and employees. Or
it could mean making workplaces safe”.
The full advice can be found here:
https://www.gov.uk/government/publications/our-plan-to-rebuild-the-uk-governments-covid-19-recovery-strategy/the-next-chapter-in-our-plan-to-rebuild-the-uk-governments-covid-19-recovery-strategy--2
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As of 1 August in England, the extremely clinically vulnerable are no
longer advised to shield and are able to return to work if their workplace
is COVID-19 secure. However, employers should consult individually with
clinically vulnerable and extremely vulnerable employees (including
pregnant employees) and proceed with particular caution before requiring
them to return to work.
All workplaces should follow the “COVID-19 Secure” guidelines, the aim of
which is to ensure the risk of infection is as low as possible, while
allowing as many people as possible to resume their livelihoods:
https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19
This letter explains to employees why they are being recalled to the
workplace and the special safety measures that have been put in place to
protect them. Employers have a duty to protect the health and safety of
their employees and must follow the government guidance relating to their
business sector. Employers must also carry out a risk assessment of the
risks in their own workplace and take the necessary steps to address those
risks before recalling employees to the workplace. Example risk assessments
can be found in the Simply-Docs COVID-19 Back to Work folder. There is also
an optional clause that employers can use if the employer implements
additional safeguards suggested by the employee.
Employees must obey an employer's “reasonable instructions” and this is
likely to include requiring employees to return from the coronavirus
lockdown to work in their usual workplace in circumstances where:
· the work cannot be done from home; and
· the employer has put in place safe working measures in line with
government and Public Health England guidance.
However, an employee can refuse to return to the workplace if they
reasonably believe that they are in ‘serious and imminent’ danger and so
employers should ensure that they carry out comprehensive risk assessments
and continue to consult with their employees about how safe working
measures work in practice.
This Post-coronavirus lockdown: Letter to employees who do not wish to
return to the workplace also provides for the employee’s line manager to
contact the employee to discuss arrangements for the employee’s return to
work. This might be in order to discuss practical matters, such as
staggered start times, or to address concerns the employee may have in
respect of returning to the workplace.