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The government’s forthcoming guidance on reopening
It is expected that Boris Johnson will make an announcement on Thursday, 07 May and again, on Sunday, 10 May 2020 with the guidance on re-opening for businesses. It is likely to be “workplace-by-workplace” basis, rather than a “sector-by-sector”.
It is expected that the guidance will outline the best practices for businesses to follow but it is likely to allow different businesses to apply it differently in their own individual workplaces, so there will be flexibility within a framework.
Employers will still have concerns about how they can re-open safely, and so play their part in protecting their workforce and customers, whilst continuing to trade.
All employees should be encouraged to work from home unless impossible. However, certain jobs require people to travel to, from and for their work, for example to operate machinery, work in construction or manufacturing, or to deliver front line services.
Below is a summary of advice for employers and employees to follow.
Employers are advised to:
If you are a vulnerable worker or an employee, such as a pregnant woman, or have an underlying condition such as cancer, asthma and diabetes, or over-70s and feel your employer does not take steps to enforce the government’s guidance you may refuse to come back to work unless the employer complies with it.
Under Section 44(1)(d) of the Employment Rights Act 1996 workers have the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his/her employer done on the grounds that in circumstances of danger which the employee reasonably believed to be serious and imminent and which he/she could no reasonably have been expected to avert, he/she left or proposed to leave) or (while the danger persisted) refused to return to his/her place of work or any dangerous part of his/her place of work.
It could be argued that the employer’s failure to adequately control or mitigate a risk of exposure to the infection would be considered serious and imminent danger.