In response to the COVID-19 Omicron variant and identification of several cases of the variant across the UK, the UK Government and devolved Administrations have revised their guidance and have advised people to be cautious and do everything they can to minimise the risk of spreading infection.
Following the latest announcements on the government’s response to COVID-19 in the UK, we have updated our Coronavirus (COVID-19) Support page with the latest information and links to the government guidance.
Speaking in the Scottish Parliament this afternoon, 14 December 2021, the First Minister confirmed various steps being taken by the devolved Scottish Administration to mitigate the risk posed by the Omicron variant of COVID-19, including new legal obligations for Scottish employers.
The accelerated roll out of the COVID-19 Booster Vaccine was the primary message and guidance on rapid flow testing before visiting family and friends, the need to self-isolate regardless of vaccine status and reducing household contacts and external socialising, but in addition to this advisory guidance the FM also confirmed new legal obligations will be imposed on all Scottish Employers.
New Legal Obligations for Scottish Employers
Whereas the guidance notified to the public perviously had been strictly advisory, today’s announcement confirmed that two new legal obligations were being imposed on Scottish Employers, namely:
Employers will now have a legal obligation to introduce home working, wherever possible to reduce mixing in workplaces.
Employers will now have a legal obligation to implement protective measures that are reasonable and practicable to protect their workers from the risks posed by the transmission of the OMICRON variant of COVID-19.
Today’s announcement failed to confirm when these new legal obligations will come into force and we will provide further details once the Scottish Administration clarifies its position.
Considerations for Employers Choosing to Keep Workplaces Open
Employers choosing to remain open must consider carefully their obligations and should continue to follow any sector specific guidance and where there is no sector specific guidance, they should ensure that as a minimum they take the following steps:
Continue to assess the risks to yourself, your employees, your suppliers and your customers. If you employ 5 or more employees, this must be recorded in writing and if you employ 50 or more employees, you must publish your risk assessment.
Ensure you have in place all required infection and control measures, which could include.
Cleaning more often. Increasing how often surfaces are cleaned, especially those that are being touched a lot. Asking staff to use hand sanitiser and wash their hands frequently.
Asking customers/visitors to the workplace to wear face coverings.
Making sure everyone is social distancing. Make it easy for everyone to do so by putting up signs or introducing a one-way system that staff/visitors can follow.
Increasing ventilation by keeping doors and windows open where possible and running ventilation systems at all times.
Turning people with coronavirus symptoms away. If a staff member (or someone in their household) or a customer/visitor to the office has a persistent cough, a high temperature or has lost their sense of taste or smell, they should be self-isolating.
Employers should be prepared to be flexible given the likelihood that the OMICRON variant will remain a risk for the foreseeable future and a resurgence in infections may result in further lockdown restrictions. It is important also to remember that staff may have legitimate reasons for not wanting to remain at work, such as:
being or living with a “clinically extremely vulnerable’ or ‘clinically vulnerable’ person.
having childcare issues if children are sent home from school or nurseries or being unable to rely on normal childcare arrangements.
feeling extremely anxious about the risk posed by COVID-19 and fearful about remaining in the office.
expressing concerns relating to health & safety and what they perceive to be the employer’s failure to follow government guidance and/or implement appropriate measures and controls.
Employers will need to carefully consider feedback from staff, be prepared to be flexible and act reasonably when responding to staff feedback so as to avoid the risk of possible claims at the Employment Tribunal.
Support for Employers
The COVID-19 lockdown restrictions continue to present numerous and complex challenges for Employers.
If you are an Employer and require advice and support on any employment matters, COVID related or otherwise, call us now on 0800 612 4772 or Contact us via our website and we will set out clear guidance to assist you to comply with your legal obligations.
The recent emergence of the ‘OMICRON’ variant of COVID-19 and conflicting and ambiguous messages from politicians has done nothing but create confusion and frustration and is causing Christmas chaos for UK employers again this year!
This latest increase in restrictions and advice has come after the emergence of a new COVID variant from South Africa, the OMICRON variant, even though many reports from South Africa have suggested that this latest variant, whilst more transmissible, is far less virulent than the DELTA variant and they look likely to remain in place throughout the festive period and into the New Year, so what does this all mean for UK employers?
New Restrictions and Advice
A massive push of the booster vaccine is currently underway, and everyone is being strongly encouraged to ensure they are fully vaccinated to reduce the risk of contracting and transmitting COVID and the likelihood of becoming seriously ill and requiring hospitalisation.
Various compulsory restrictions have also been reintroduced in England, including compulsory wearing of face masks in various public places and vaccine passports, both of which were already compulsory in other parts of the UK, and the UK Government and devolved administrations have also advised that staff should work from home wherever possible, and that staff Christmas parties should either be scaled back, postponed, or cancelled all together, which will potentially have a significant and adverse impact on thousands of businesses, particularly those in the hospitality sector.
Advice is NOT Law
It is important to note that the latest advice on homeworking is guidance, it is not law. This means it will not be an offence to continue to work from the office even if that work could have been carried out from home. Employers can therefore decide whether to follow the work from home advice, or not, but in doing so they should carefully consider their underlying health and safety obligations to provide a safe working environment for all staff. In light of the emergence of the OMICRON It would be prudent to revisit COVID-19 Risk Assessments to determine whether any changes to existing controls and measures might be required.
Party or No Party?
Battling the pandemic over the last 18+ months may have you feeling worn out and not particularly festive, but before you decide to write off Christmas and/or the annual staff Christmas Party this year, try to remember that Christmas is as much a feeling as it is a holiday. Christmas represents the birth of a new beginning and hope. We celebrate it by giving the light of love to those that need it most and we remember the importance of being good to one another, brightening each other’s lives and spreading joy, happiness and peace.
If you decide to go ahead and gather for your annual Christmas party, you should include your Christmas Party plans into your COVID Risk Assessment to ensure that you continue to have the necessary controls and measures in place to have a safe and enjoyable event.
If, however, you decide not to go gather physically to celebrate, why not have a Virtual Christmas Party instead?
Some of the benefits of organising a virtual Christmas Party for your staff include:
Bringing your team together, no matter where they are
Maintaining good workplace well-being
Boosting employee engagement
Combating loneliness at work and/or at home
Improving team morale
Sure, planning any sort of a Christmas Party this year will be a challenge, but with a little bit of effort and creativity there’s no reason why it can’t be done and in making the effort you will be helping yourself and your team to let go of all the stress of the last 18+ months and to step into a brighter and happier place.
There is a plethora of ideas for celebrating Christmas with your team, in person or virtually, whether it’s escape rooms, cocktail masterclasses, a games night or a pub quiz, and Employers can easily and cost-effectively bring their teams together this Christmas to celebrate, have fun and create memories that everyone will look back on in years to come whatever they decide.
Avoid an HR Hangover
If you take the leap and do decide to hold a Christmas Party, even a virtual one, it will still be a ‘work’ event, so here are Employment Law Services (ELS)’ “’Top Tips” to help Employers avoid an HR hangover:
Ensure all employees are aware of the company’s standard disciplinary and grievance procedures.
If staff are expected to work the day after the Christmas party, make sure this has been clearly communicated to them beforehand.
At the party, ensure all employees are catered for regardless of their age, sex, sexual orientation, religion or disability.
Don’t Let This Christmas End in Tiers
Yes, the COVID-19 pandemic has been a nightmare and 2021 has been another hellish year for us all, but for the sake of your own mental health and that of your team, don’t let COVID be the grinch that stole Christmas!
I’m just going to say it, 2020 has been a nightmare and after the hellish year we’ve all had you would be forgiven for not giving much thought to ‘celebrating’ Christmas as we head into December, let alone throwing a Christmas party for your staff!
Do They Know Its Christmas?
Apart from the obvious physical challenges to holding a Christmas party, caused by the strict lockdown restrictions still in place across many parts of the UK, many Employers will undoubtedly feel weary from fighting to keep their business going over the last 10 months and so may not feel much like celebrating Christmas this year, let alone organising a staff Christmas Party, and who would blame them!
But before you decide to write off Christmas and/or the annual staff Christmas Party this year, try to remember that Christmas is as much a feeling as it is a holiday.
Christmas represents the birth of a new beginning and hope. We celebrate it by giving the light of love to those that need it most and we remember the importance of being good to one another, brightening each other’s lives and spreading joy, happiness and peace.
Benefits of a Virtual Christmas Party
Some of the benefits of organising a virtual Christmas Party for your staff include:
Bringing your team together, no matter where they are
Maintaining good workplace well-being
Boosting employee engagement
Combating loneliness at work and/or at home
Improving team morale
Sure, planning any sort of a Christmas Party this year will be a challenge, but with a little bit of effort and creativity there’s no reason why it can’t be done and in making the effort you will be helping yourself and your team to let go of all of the stress of the last 10 months and to step into a brighter and happier place.
There are a plethora of ideas for celebrating Christmas with your team virtually, whether its escape rooms, cocktail masterclasses, a games night or a pub quiz, Employers can easily and cost-effectively bring their teams together this Christmas to celebrate, have fun and create memories that everyone will look back on in years to come.
Avoid an HR Hangover
If you take the leap and do decide to hold a Christmas Party, even a virtual one, it will still be a ‘work’ event, so here are Employment Law Services (ELS)’ “’Top Tips” to help Employers avoid an HR hangover:
Ensure all employees are aware of the company’s standard disciplinary and grievance procedures.
If staff are expected to work the day after the Christmas party, make sure this has been clearly communicated to them beforehand.
At the party, ensure all employees are catered for regardless of their age, sex, sexual orientation, religion or disability.
Don’t Let This Christmas End in Tiers
Yes, the COVID-19 pandemic has been a nightmare and 2020 has been a hellish year for us all, but for the sake of your own mental health and that of your team, don’t let COVID be the grinch that stole Christmas!
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