Returning to the Office after 19 July 2021

As expected, the Government has now confirmed that England will move to Step 4 on the Road Map out of coronavirus restrictions on 19 July. The current instruction to work from home where possible will then be lifted. But does this, and should this, mean a widespread return to office working as we knew it before March 2020?

It’s important to note that whilst the legal instruction to work from home is to be removed, the language used is far from an encouragement to businesses to change the “new normal”. The new guidance makes clear that “Government would expect and recommend a gradual return over the summer”

That guidance goes on to say:

in order to minimise risk at a time of high prevalence, you should limit the close contact you have with those you do not usually live with, and increase close contact gradually. This includes minimising the number, proximity and duration of social contacts.

and that:

In general, the risk of catching or passing on COVID-19 is higher:

• in crowded spaces, where there are more people who might be infectious
• in enclosed indoor spaces where there is limited fresh air

It makes clear that employers will still have a legal duty to manage risks from COVID-19 to those affected by their business, which will include their staff and visitors. So given that most offices will be enclosed spaces, where fresh air might be limited, and that pre-COVID one might expect them to be crowded, it follows that a wholesale return to full time office working would seem unwise.

Nevertheless, there are some businesses and some employees who will welcome the change in emphasis and will want to start the journey towards staff back working together. This new guidance will make that possible from 19 July, though we recommend exercising caution.

Before taking any steps to return, carry out a health and safety risk assessment, including the risk of COVID-19, and take reasonable steps to mitigate the risks you identify. Working Safely guidance sets out a range of mitigations employers should consider including:

• cleaning surfaces that people touch regularly;
• identifying poorly-ventilated areas and taking steps to improve air flow;
• ensuring that staff and visitors who are unwell do not attend the workplace; and
• communicating to staff and visitors the measures you have put in place.

In fact, many of the same considerations Fiona Dunger wrote about back in February still apply.

Whatever steps are taken to mitigate risks to health, some staff will have genuine concerns that returning to work in an office places them at risk, particularly if they can only get there by using crowded public transport. Those whose health or age makes them more vulnerable, or those who have not yet had the opportunity to have both vaccine doses, could be especially concerned.

There are also practical issues to consider when asking staff to return. Many will have got used to life without the commute, and may have made permanent or semi-permanent changes to their life outside work that make an immediate full time return to the office impractical. Consider that childcare arrangements will have been heavily disrupted over the last year, and that the start of the school summer holidays might not be the easiest time to make new arrangements. Staff may have moved further away from the office, or at least further away from public transport. Some may even have left the country. Imposing return to the office without consultation and consideration of the impact on employees could lead to legitimate grievances.

Should employers impose conditions on those wanting to return? Publisher Bloomsbury hit the headlines by announcing that they would only allow vaccinated staff to return to their office. Such a policy may be justified, but it should be imposed with caution, after full consultation with staff and taking account of those who may not yet have had the opportunity to receive both doses of the vaccine due to their age, or may not be able to receive it at all due to a disability.

Regular lateral flow testing is another option, and strongly encouraged by government. This is likely to be less controversial. There are however data privacy considerations to consider.

Overall, whilst a gradual return to the office over the summer and into autumn is now possible, we recommend care is taken to:

• carry out a health and safety risk assessment that takes into account the current risk from COVID-19;
• take steps to mitigate any risks;
• consult with staff on how returning to the office will impact them;
• listen to and attempt to address any legitimate concerns.

Photo by Leon on Unsplash