UK in lockdown: What we know so far

Tuesday 24 March 2020

Last night the nation listened as the Prime Minister set out stricter measures to try to prevent the spread of the coronavirus.

Boris Johnson made it clear that we are to leave our houses only for essential food shopping and the collection of medication, to exercise, and, assuming you cannot work from home, to travel to and from work. All non-essential retail shops i.e. those not selling food must close.

However, this has left many employers and employees questioning whether their work is essential and whether they should continue to go to work during the lockdown.

It appears from a list prepared by the Government that businesses which are to remain open include supermarkets, petrol stations, post offices, launderettes, bike shops, pet shops, hardware stores and banks. Premises such as libraries, non-essential shops, playgrounds, outdoor gyms and places of worship have been ordered to close.

Hotels, hostels, campsites and caravan parks must also close unless key workers need to stay there, or if others staying there cannot get back home.

It originally appeared that only those classed as key workers could continue to go to work. However, the Government’s official policy appears to be that those who cannot work from home can go to work as long as they observe the 2m social distancing policy.

Minister for the Cabinet Office, Michael Gove, advised this morning that construction sites could remain open and individuals could continue to work so long as the social distancing policy was adhered to.

This leaves employers in a difficult position while they await further official clarification.

What are your options as an employer?

1. Staff working from home

The Government has advised that employers are to encourage staff to work from home wherever possible and to close offices. Employers need to ensure that they have policies in place to deal with all relevant legislation such as GDPR and also to deal with practical issues such as the use of company equipment.

2. Continue to open and run as usual

Employers not within the proscribed retail, hospitality and leisure categories can continue to operate as usual if it is not possible for staff to work from home. Employers need to remember that staff showing symptoms of the virus can self-isolate and receive Statutory Sick Pay.

It may also be good practice to provide ‘personal protective equipment’ to employees and ensure that the social distancing guidance is followed at all times.

3. Close the business and ‘furlough’ employees

The Government has now introduced its Job Retention Scheme, guaranteeing to pay 80% of employees’ wages up to £2,500 for those employees who are classed as furloughed. This is to dissuade employers from laying-off their employees or making them redundant.

But what does ‘furlough’ mean?

Furlough is a relatively new term in UK employment law but originates from the USA. It means a temporary suspension of employment for a specific period of time.

It is important to remember that you should obtain an employee’s consent (preferably written) before you classify them as furloughed and that the employee must not to do work for the company whilst they are classed as furloughed.

There are many practical considerations to take into account. For example, it may be necessary to furlough some employees and not others in order to reduce staffing to a skeleton level. In practice it may be advisable for employers to ask employees to volunteer to become furloughed as it may otherwise be difficult to manage those who may want to continue to work and those who do not.

4. Reduce Hours

Employers can, with the consent of staff, reduce employees’ working hours. It may be practical for a rota system to be implemented to avoid more than two people being in a particular workspace at the same time. This is different from classing an employee as furloughed.

Employers should remember their health and safety obligations in these circumstances.

Going Forward

It is clear that there are options and support available to employers and employees during the lockdown, notwithstanding the challenges of coronavirus. However, the true extent of those options and that support currently awaits the delivery of supplementary information from the Government.

If you have any questions about these options or any other coronavirus-related employment issues, please contact a member of our Employment Law team.