On Sunday 10 May 2020, the Prime Minister announced that employees in England who cannot work from home should return to work. This applies to those employers who were not instructed by the Government to close; some businesses, for example those in the hospitality sector, must remain closed for now. Employees who can work from home should still work from home. For now, lockdown will continue in Scotland and Wales. However, it would be advisable that all employers consider how they will manage a return to work when the time comes, albeit area specific guidance may be put in place. As the COVID-19 restrictions are lifted, business recovery will be paramount. Employers face many decisions around assessing business operations, bringing employees back to work, and ensuring the workplace is safe. The timelines may vary depending on what industry you are in, but it is a good idea to begin planning for reopening because this will bring a new set of employment challenges. The principal challenge which should be factored into all decisions will be ensuring that workers have full confidence that their health will be protected. To help you meet this challenge head on we’ve prepared the following replies to frequently asked questions. This guidance note contains considerations from both an employment law and health & safety point of view. Please call the relevant advisory service if you have further questions on the points below:
WHAT’S THE RIGHT THING TO DO FOR MY BUSINESS WHEN IT COMES TO RE-OPENING?
Even when your business is legally permitted to reopen its facilities or increase your scale of operations, you will nonetheless want to do so cautiously. You may still be exposed to legal liability if sufficient precautions are not taken. Employees may be hesitant to return to work if they have concerns that overall conditions are not sufficiently safe. You may decide it is better to continue supporting the overall community goal of flattening the curve by allowing some or all of your employees to work from home, to the extent they can do so productively. Your back-to-work plans will also depend on your location. Employers in rural areas and suburbs that saw fewer confirmed cases of coronavirus and resulting deaths may have an easier time convincing workers it’s safe to return to the office than employers in cities such as London. The close quarters of city offices or public transport may add another barrier to a return to work for urban employers whose workspaces are not built for social distancing. One major limitation on any reopening will be childcare. Parents will find it difficult to go back to work if schools and day cares aren’t open. These are all factors you will need to consider before deciding to reopen.
WHICH EMPLOYEES SHOULD RETURN TO WORK FIRST?
It is unlikely for most businesses that all employees will be able to return to the workplace at once and the Government is expected to set out specific requirements for employers to adhere to on social distancing, for example, or what you can do if social distancing is not possible. You should consider what employees, departments, groups, or units should return first based on business needs, compliance with ongoing restrictions regarding “essential business,” and compliance with health precautions such as social distancing. The legitimate business reasons behind your selection of what employees return to work first should be documented to provide evidence of non-discriminatory selection criteria if later challenged.
WHAT SOCIAL DISTANCING PROTOCOLS DO I NEED TO IMPLEMENT?
You will need to comply with all government directives on social distancing as your workplace reopens. Staggering work hours is certainly a measure to be included in the announcement, and alternating days of work for different groups, shifts or teams of employees to reduce the number of employees on site may also be needed. You may need to consider the following precautions:
- reduce hot-desking.
- evaluate workplace layouts and consider making certain stairways and hallways one way if social distancing guidelines cannot otherwise be met.
- use plexiglass shields, tables or other barriers to block airborne particles and ensure minimum distances in the workplace.
- develop protocols to ensure lifts remain only half full.
- close or modify certain common areas, such as canteens so that employees can socially distance and using floor tape to marking appropriate distance.
- erect physical barriers and implement rules to limit sharing equipment and supplies including pens. These rules might require you to be prepared with additional equipment and supplies before beginning to bring employees back onsite.
- provide hand sanitiser.
- change latch-based door handles so doors open or close through use of an “electric eye” or with a push of the door or a button or push pad, which may also assist with ongoing deep cleaning protocols.
- provide more car parking spaces to avoid colleagues giving each other lifts to work
WILL MY CUSTOMER SERVICE DELIVERY METHODS BE AFFECTED?
Depending on the nature of your business, you may need to go to a drive-through or pick-up means of providing customer service and arrange for contactless or online pay options for customers. You also may be required to reserve certain hours of operation for high-risk customers only.
WHAT EMPLOYEE GUIDELINES WILL BE REQUIRED?
Your employees must comply with prevailing social distancing rules in the workplace and guidelines should be prepared for distribution to staff. Social distancing rules should be communicated electronically and/or in hardcopy at workstations and common areas. These materials should be easy to understand and available in the appropriate language and literacy level for all workers. You may want to provide video training to returning employees to introduce them to any new workplace rules. Employees should acknowledge receipt of rules and training. Employers should train supervisors on how best to enforce social distancing rules. Employees may also be required to wash their hands at specified frequencies, following recommended practice.
CAN I ALLOW EMPLOYEES TO CONTINUE TO WORK REMOTELY?
Yes. The Prime Minister announced on 10 May 2020 that those who are working from home should continue to do so. You should consider which employees may be able to continue to work remotely as this will allow you to better roll out social distancing practices for those who are returning to the workplace. Establishing flexible worksites will assist increasing the physical distance among employees. One of the main employment law consequences to come from the temporary homeworking period is an increase in flexible working requests from employees wishing to make it a permanent measure. Employees with at least 26 weeks’ continuous service can make a request for flexible working, which includes a move to working from home provided they have not made a request under the statutory scheme in the previous 12 months. A statutory code of practice applies to your handling of the request. Requests can be denied on the basis of prescribed reasons.
WHEN CAN WE RESUME PHYSICAL MEETINGS AND CONFERENCES?
It is expected that the Government will announce that face to face meetings should not be held. Digital methods which may have been put in place during a home working period, or seen increased usage, may need to continue even in the workplace for some time. The restrictions on travel mean that digital meetings may continue to be the only appropriate method of ‘meeting’ with clients/customers/suppliers, whether in the UK or overseas, for the time being. The same applies to any employees to travel to other of your branches or offices in the UK.
WE ARRANGE REGULAR OFFICE EVENTS AND CELEBRATIONS SUCH AS OFFICE BIRTHDAY PARTIES. CAN THESE CONTINUE?
Employers must comply with any government advice regarding employee health & safety at gatherings, and should review the guidance often, as changes occur. If you normally hold regular workplace celebrations, they may need to be held virtually. Avoid any work-sponsored or workplace events that involve communal sharing of food, and gently communicate these expectations in advance to employees who may wish to celebrate their return to work by bringing in treats to share. You should not provide beverage pitchers, food or sandwich trays, hot food buffets, or a utensil dispenser or basket. It is also recommended to indefinitely postpone in-person events such as company sporting games or team lunch outings due to the challenges of maintaining effective social distancing.
DO I NEED TO PUT NEW HEALTH AND SAFETY SYSTEMS IN PLACE BEFORE EMPLOYEES RETURN TO WORK?
There are certain logistical considerations you should consider when preparing for the physical return of your workforce. You will need to consider what supplies may be needed to facilitate a smooth return to work, keeping in mind any issued government guidance. For example, you should pre-order (taking shipping time into consideration) products including hand sanitizer, sanitizing wipes, bottled water, face masks, gloves, etc. Special cleaners may need to be ordered, and personal protective equipment (gowns, gloves, masks) may be needed for any individuals who clean or remove garbage. You should consider what supplies will allow employees to minimize time spent in common areas. Additionally, individual workspaces should be prepared with necessary supplies to eliminate the need for employees congregating in a supply room. You may want to implement a bring-your-ownrefrigerated-lunchbox policy to limit use of common refrigerators. You will need to determine if changes need to be made regarding first aid rooms or other rooms used if employees do not feel well to ensure strict compliance with thorough sanitization protocols. You will also have to consider adding additional hand washing stations. Finally, you should prepare signage and other instructions for employees and visitors to their facilities to avoid any confusion related to containment practices upon reopening.
ARE EMPLOYERS REQUIRED TO MODIFY THE PHYSICAL WORKPLACE?
We need to wait for the Government announcement on this health and safety aspect. You should assess whether certain workplace modifications are required to maintain social distancing and compliance with other government-issued guidelines. If returning a single department, unit or group is a priority, you need to consider whether you should implement new seating or work arrangements. Conduct a detailed evaluation of the physical workspace layout. If any employees work at stations that are within 2 metres of each other, make reassignments to different stations to ensure the minimum distancing — and for employees who work alongside each other on a regular basis, increase the gap to keep these workers 2 metres apart. If available space does not allow this much separation, evaluate options for staggering schedules as an alternative or adding physical barriers between stations. You should also consider whether furniture or work equipment can be reconfigured to facilitate social distancing. For example, removing tables and chairs in meeting, lunch or break rooms may facilitate social distancing. Pay special attention to areas where printers, copiers and other types of shared equipment are located, and consider moving the equipment or designating a single employee to operate that equipment, distribute print-outs, etc. You might also consider locating different teams to a different area of the worksite; this may assist in providing backup in the event that any team member tests positive for the virus or reports a direct exposure event.
AM I REQUIRED TO MAINTAIN NEW CLEANING OR HYGIENE REGIMES?
It is expected that the Government announcement will require deep cleaning as a health & safety measure to the workplace prior to any employees returning, both as a containment measure, and to help employees feel more comfortable about returning onsite. If there is a skeleton crew in the workplace, try to contain those employees to a specific area while this deep cleaning process is underway so that the occupied area can be cleaned immediately prior to additional employees returning. Food should be removed from common areas and kitchen or break areas. You may need to schedule daily or weekly deep cleans after employees return. A deep clean is advised whenever an onsite employee reports being positive or presumptively positive for COVID-19. You should provide disinfectants throughout the workspace for employee use in wiping down surfaces.
WHAT ARE INFECTION CONTROL PRACTICES?
Infection control practices, such as regular hand washing, following proper coughing and sneezing etiquette, and proper tissue usage and disposal is prudent and, during a pandemic, a basic compliance requirement under the Health and Safety at Work etc Act 1974. Tissues should be provided throughout occupied work areas, with covered disposal receptacles so that employees can discard their used tissues personally and immediately. You should consider increasing the number of hand washing stations, and provide breaks as necessary for employees to wash their hands for at least 20 seconds.
AM I OBLIGED TO PROVIDE PERSONAL PROTECTIVE EQUIPMENT TO EMPLOYEES?
If government guidelines dictate that employees require personal protective equipment for work purposes, you should either reimburse employees if they sourced their own or provide it to employees as a health & safety measure. If an employee fails to bring the issued personal protective equipment several times over a relatively short time frame, you should document their behaviour and use your internal disciplinary procedures to ensure it doesn’t continue. You will have to provide personal protective equipment to all relevant staff and ensure no one receives different treatment. This is documented in your risk assessment.
HOW ARE MY HEALTH AND SAFETY OBLIGATIONS AFFECTED WHEN I OPEN BACK UP?
Employers have a duty under the Health and Safety at Work etc Act 1974 to make sure they provide a safe workplace. The risk of employees contracting COVID-19 in the workplace will need to be factored into risk assessments. At the same time, it will be hard for an employee, client or customer to prove they were exposed to COVID-19 at the workplace, rather than the dry cleaner or the supermarket. You should only restart operations with safe, secure and sanitized workplaces to protect all employees working in line with government guidance and where relevant with unions on the procedures. There’s no one size fits all approach for the kinds of decisions involved in reopening a workplace during a pandemic, which range from workplace travel policies to how to monitor employees for coronavirus symptoms. Each business has its own risks to consider. A meatpacking plant or a retail outlet needs people on the floor. These types of business face a different challenge to a tech company that has fully transitioned to a remote working model.
HOW DO I KNOW STAFF ARE FIT AND HEALTHY ENOUGH TO RETURN TO THE WORKPLACE?
This question highlights the sort of health & safety issues that will arise in the different world we now live in. You should deal with employees on a one on one basis. You need to bear in mind that the Equality Act 2010 protects workers with a disability against discrimination by their employers. You are likely to need to carry out some form of health screening and maybe even carry out temperature checks. If employees do reveal medical information it is vital that you keep it confidential. When discussing these matters with employees, it’s vital to be transparent and to reassure employees that you are doing everything do ensure their safety and health. You could consider asking employees to provide a fit note certifying fitness for duty when affected employees return to work. Doctors and other health care professionals are likely to be too busy during and immediately after a pandemic outbreak to provide fitness-for-duty documentation. Therefore, new approaches may be necessary, such as reliance on local clinics to provide a form, a stamp, or an e-mail to certify that an individual does not have the virus.
WHAT QUESTIONS CAN I ASK EMPLOYEES ABOUT THEIR SYMPTOMS?
You are permitted to ask employees whether they are experiencing any COVID-19 symptoms, such as a fever, chills, cough, shortness of breath, body aches, sore throat, or other symptoms identified by the HSE. Employers may require that employees answer questions or provide certifications concerning their experience of any COVID-19 symptoms or their exposure to individuals with confirmed cases. Employers may do this on a daily basis or at other intervals, as well as when an employee calls in sick, and must maintain information as a confidential medical record. Employers should be careful not to ask health questions that are unrelated to COVID-19, including asking about underlying medical conditions or symptoms not associated with COVID-19. (For the purpose of determining whether an employee should be permitted to remain at home, employers can ask employees to certify as a general matter that they have an underlying health condition that heightens their risk of harm if they were to contract COVID-19.)
DO I NEED TO MONITOR EMPLOYEE HEALTH?
It is likely the Government will require monitoring of physical and mental health. You should also plan on training employees and demonstrating the new safety measures in place to protect them from the spread of the virus. The more employees understand about what safety measures are being taken, and why, the more likely there is to be employee buy-in, and the less likely that employees may make complaints to the HSE or other third parties regarding perceived risk in the workplace. To be clear, employee complaints about perceived safety issues should be taken very seriously and investigated, and you should not take any retaliatory action against employees who make such claims in good faith. In addition to offering training to your workforce, make it a habit to check in with employees as often as possible to ensure they are comfortable with their work environment and the changes associated with returning to the workplace.
WILL I NEED TO UPDATE MY RISK ASSESSMENT?
The Government are expected to state that employers must carry out a specific health & safety risk assessment before allowing staff to return to work. If is vital that you establish whether there are adequate safeguards in place to reduce the risk of employees contracting the virus, particularly those employees who may be particularly vulnerable to contacting the virus (e.g. employees with pre-existing respiratory issues, older employees, employees who are pregnant).
HOW DO I HANDLE WHICH EMPLOYEES COME BACK TO THE WORKPLACE AND WHO DOESN’T?
Social distancing requirements are likely to dictate how many employees can return at what stage. From an employment law perspective, there could be allegations of discrimination if your selection process for who returns to the workplace isn’t objective. Look at the question from a function or operations standpoint – different parts of your business might be able to bring back more employees on reduced hours. Can you select employees by function? Can you operate a rolling staff rota? If the hasty transition to remote working was successful, consider making it a permanent part of your work systems. If remote working is set to become a long-term feature of your business model, you will need to draft an appropriate policy to cover all risks from health and safety to data protection and confidential information.
AM I REQUIRED TO MODIFY EMPLOYEE HOURS?
It is expected that the Government will ask employers to stagger hours and shifts, etc as a social distancing measure. This will not only assist with social distancing at the entrance of the workplace but also ease congestion on public transport. Similarly, alternating days of work for different groups or teams of employees may assist with social distancing requirements. Employment laws require employee agreement when making amendments to employee terms and conditions, even on a temporary basis. It is advisable to speak to employees first and explain the changes you need to make and the reasons for the change. You may need to take employees’ individual circumstances into consideration because a change to working hours may be difficult for some employees who have childcare responsibilities etc.
I NEED TO RECRUIT STAFF. IS IT SAFE TO ARRANGE INTERVIEWS?
You should consider virtual interviews and onboarding to reduce the number of in-person interactions. If in-person interviews are conducted, we recommend you set certain parameters in place to ensure social distancing (e.g., no handshakes, minimum distance of 2 metres, etc.)
A MEMBER OF STAFF HAS COMPLAINED OF HARASSMENT RELATED TO COVID-19. HOW SHOULD THIS BE DEALT WITH?
Harassment is unlawful under the Equality Act 2010 and employers can be held liable for the harassing behaviour of its employees even if it was not aware of it. You should remind all employees of their obligations in this regard by reissuing policies contained in employee handbooks. It may be particularly helpful to advise supervisors and managers of their roles in watching for, stopping, and reporting any harassment or other discrimination. You can also remind all staff that you will immediately review any allegations of harassment or discrimination and take appropriate disciplinary action. When dealing with this particular allegation, you should follow your grievance or personal harassment procedure.
WHAT DO I DO ABOUT ANXIOUS EMPLOYEES AND EMPLOYEES WHO REFUSE TO COME BACK TO WORK?
Employee safety has to be the priority during the initial return to work period. Where workers are coming in daily, you will need to reassure any nervous employees that you aren’t putting them at risk by asking them to return to work. Requiring employees to work in an environment that put their health/safety at risk could breach the employer’s duty of care. Some employees may be cautious about returning to the workplace for fear that it puts them at a greater risk of contracting COVID-19. You should speak to them and try to allay their concerns by letting them know all of the measures you are going to take to ensure a workplace which is as safe as it can be. You can demonstrate your commitment to safety by emphasising efforts to deep-clean workspaces, making hand sanitisers and protective gear available, and restricting the number of visitors. The phased return to work and new workplace layouts described above will further demonstrate that you are prioritising employee health. You should take the specific circumstances of an anxious employee into consideration because this may be relevant in your decision making. For example, an employee may fall into the high risk category, or their partner may have been advised by the NHS to shield for 12 weeks because they are in the extremely high risk category. If an employee still does not want to return to work, you may agree to allow a new or extended period of home working, or arrange for them to take time off as holiday or unpaid leave. If an employee refuses to attend work without a valid reason, you may wish to consider disciplinary action though specific advice should always be taken here.
I WILL HAVE TO REORGANISE MY WORKFORCE. WHAT DO I NEED TO CONSIDER?
Redeploying staff may be an option for some businesses. If your employees are agreeable and can be trained to carry out different duties in more viable parts of a business, this should certainly be considered. If you think a lack of work is going to be temporary, lay-off or short time working are measures that might be appropriate. Lay-off is used when an employer does not have work for some or all its employees due to a temporary lack of work. Short time work is where the work you can provide is less than normal contracted hours. Employees who have been laid off and have at least one month’s service are entitled to receive statutory guarantee pay for a maximum of 5 days in a rolling three month period. The rate of statutory guarantee pay is currently £30 per day. Employees on short time working will receive pay in accordance with hours worked. You should first review your contracts of employment to establish whether the right to layoff or place on short-time on reduced pay has been reserved. It may be the case that even where contracts are silent on lay-off or short-time, employers in the circumstances may be able to agree the use of it with employees. The Government’s Job Retention Scheme was set up to assist employers who have been affected by COVID-19 by providing a grant to cover 80% of wage costs. To do this, employers must designate the employee as a furloughed worker which means agreeing that they will cease to do all work. The Scheme is intended to run until the end of June 2020 though may be extended. If none of these options are feasible, you will have to make a decision as to whether the role has been made redundant by the crisis. Redundancy is discussed further below.
I HAVE LOST A LOT OF BUSINESS FOLLOWING THE CRISIS. WHERE DO I START WHEN MAKING REDUNDANCIES?
The particular process you should take will depend on how many redundancies you propose to make. Remember that redundancy is a dismissal which can be deemed unfair if the employer has not followed the correct process. The Equality Act 2010 should also be considered so that no discriminatory decisions are made. A business case is pivotal to a redundancy process. This is a document in which you set out why the need to make redundancies has arisen and what measures you have taken to try to avoid it. If you need to select employees to be made redundant, you will need to define the criteria against which employees will be assessed. These criteria should be capable of being objectively determined. Employees must be consulted from the early stages and throughout the process. A series of meetings should take place where employees are able to contribute and give feedback before final decisions are made. Where 20 or more employees are to be made redundant in a period of 90 days or less, collective consultation requirements apply. Consultation must last at least 30 days where 20 – 99 redundancies are proposed; and at least 45 days where 100+ are proposed. Specific advice should be taken on redundancies to ensure that a genuine redundancy situation exists and that the process is implemented correctly and in line with the legislation.
MY EMPLOYEES CAN’T GO TO WORK BECAUSE THEY HAVE NO CHILDCARE. WHAT DO I DO?
This is a common challenge facing employees and employers with childcare facilities closed and family carers unavailable. Where employees can carry out some (or perhaps all) of their duties from home, they should be paid accordingly. Where employees are unable to work from home, they should be encouraged to make alternative childcare arrangements but this will not be possible for all employees. Employers should consider a temporary flexible working arrangement to adjust or reduce working hours and change working times to assist employees in managing work and increased childcare responsibilities. Parental leave (unpaid) as well as paid annual leave may be solutions, at least in the short term. Consistency is key to avoid setting unmanageable precedents and in the circumstances, where the situation is so uncertain, employees should be informed that all measures are temporary and cannot be maintained indefinitely.
HOW SHOULD I COMMUNICATE TO EMPLOYEES THAT THEY ARE TO RETURN TO THE WORKPLACE?
Even in circumstances where the decision to return to the workplace happens quickly, you should aim to give employees reasonable notice of the return. This should happen even where furloughed employees were made aware of an end date to the furlough. Employees may have childcare, or other caring, responsibilities and a return to the workplace may signify a need for them to make other arrangements. The return date may not be the same for all employees where you are implementing a staged return. You should also be aware that some employees may not be in a position to return to the workplace. This could include those who are on sick leave, are self-isolating or are shielding. You should stay in contact with these employees and make arrangement for their return, when it appropriate for them to do so. It may be possible for those employees who have been furloughed while shielding to do work from home. You should also be aware that some employees may have experienced a recent bereavement and you should offer appropriate support to them on their return to the workplace. It may be useful to set out in a letter the intended return date and all of the additional health and safety requirements that employees will have to adhere to in order to ensure a safe working environment. To identify any potential issues with a return to work, or any adjustments or support that may need to be put in place on their return, managers should speak with employees prior to the return. It would be useful to ask all employees things like: • whether the employee has any caring commitments which were affected by coronavirus, for which new arrangements will need to be made because of the return to work • the method of transport the employee will use to get to work • whether the employee understands any additional health and safety requirements. Discussions around a temporary change to workings hours may be needed if a staggered shift hours approach is to be adopted.
WHAT SHOULD I DO ON EMPLOYEES’ FIRST DAY BACK?
On the return, managers should speak with employees to confirm any adjustments or support needed to enable the employee to carry out their role which had been identified in the ‘returning to work after lockdown’ conversation before the employee came back to work. A ‘re-boarding’ process may be appropriate, especially where employees have been out of the workplace for a long time, either on furlough and not working, or working from home. Employers should remember that individuals will have reacted in varying ways to the lockdown depending on their personal circumstances and will have had different, sometimes particularly negative, experiences. If your employees have access to an Employee Assistance Programme, remind the employee that they have the opportunity to speak to a trained counsellor about any concerns they have. Your approach to ‘re-boarding’ should be inclusive to all employees. Whether they have been furloughed or have remained working from home, most will have experienced a change to their normal working life and may need support on returning. There may be an unequal set of experience across the workforce if some employees were furloughed on reduced pay and others were not.
HOW SHOULD I MANAGE ANNUAL LEAVE ON THE RETURN TO THE WORKPLACE?
Your approach to annual leave will depend on your specific circumstances and whether your employees have taken annual leave in recent weeks. You should assess the current position with annual leave and your ability to allow employees to take it now that the workplace is back open. You may find that there is opportunity for your employees to take annual leave and encourage them to do so, or you may find that demand is such that no annual leave can be authorised. It is important to remember that the Working Time Regulations 1998 were recently amended to allow carry over of the four weeks of annual leave that were previously exclusive to the year in which they were accrued. This means that, where it was not reasonably practicable for annual leave to be taken in this leave year because of COVID19, it can be carried over into the next two leave years; this measure was taken to avoid a bottleneck situation towards the end of the leave year in which there was lots of leave remaining to be taken but little time in which to take it, meaning that it may otherwise be lost. It is already permissible to carry over the remaining 1.6 weeks of the statutory minimum annual leave entitlement provided there is a relevant agreement to this effect.
WHAT EMPLOYMENT POLICIES NEED TO BE CHANGED DUE TO THE COVID-19 PANDEMIC?
You will need to implement measures to ensure the health and safety of your employees but may also need to change other policies and practices to accommodate the new normal. A thorough analysis of existing policies should be undertaken to include adjustments made for recent legislation. Some of the policies may include: • attendance. • holidays/paid time off. • remote work. • work hours, including start/stop time, breaks, lunch times, flexible hours, and staggered work hours. • timekeeping including clock in/out procedures. • leave policies including sick leave. • travel policies including business and personal travel, and • information technology and usage.
WILL MY WORKPLACE EVER GO BACK TO THE WAY IT WAS?
This is unlikely for the foreseeable future. Your work is not completed once you open your doors and welcome back your workers and others. You will need to maintain routine cleaning and disinfection procedures after reopening to reduce the potential for exposure. You should continue to monitor COVID-19 in your area, and if necessary, be prepared to close your facilities quickly if another outbreak occurs. Despite Government relaxations on the lockdown, employers ultimately will make the decision about when to bring their workers back to the office, and what that looks like.