People in Britain have become increasingly concerned about returning to work safely during the coronavirus outbreak, new research suggests.
According to a poll conducted by the Office for National Statistics, one in five (20 per cent) adults who said the pandemic is affecting their work said they have health and safety concerns. This figure has risen from 11 per cent the previous week.
The research comes after Boris Johnson unveiled a change to the advice being given to workers across the nation.
When the lockdown was first introduced on Monday 23 March in response to the coronavirus pandemic, the government stated that if members of the public are able to work from home, then they should do so accordingly.
Only employees at essential businesses like supermarkets and key workers such as healthcare, transport and education workers were expected to continue operating in their workplaces.
Now, however, those who cannot work from home are being encouraged to return to their workplaces.
During his address on Sunday 10 May, Mr Johnson stated: “We said that you should work from home if you can, and only go to work if you must.
“We now need to stress that anyone who can’t work from home, for instance those in construction or manufacturing, should be actively encouraged to go to work.”
The prime minister also stated the government has been working on “new guidance for employers to make workplaces Covid-secure”.
But the prime minister’s advice could cause conflicts between employers and employees who don’t feel safe returning to work, and employment lawyers have expressed doubt over whether or not social distancing can be achieved in the workplace.
Here’s everything we know so far about whether or not people can leave work if they feel unsafe.
Can I leave work if I feel unsafe?
It is only natural to have concerns over your health and safety upon your return to work.
Citizen's Advice says your employer has a duty of care towards you: "Every contract of employment has general ‘implied’ terms for employees and employers including...for example, your employer should provide a safe working environment for you and you should use equipment safely."
It says even if you don't think you have a contract in writing, a contract still exists in legal terms.
"There is always a contract between an employee and employer. You might not have anything in writing, but a contract still exists. This is because your agreement to work for your employer and your employer’s agreement to pay you for your work forms a contract."
According to section 44 of the Employment Rights Act 1996, employees may not be subjected to a detriment because they have raised a relevant health and safety concern with their employer, such as the failure to provide effective social distancing measures in the workplace or the unavailability of PPE.
Dan Hobbs, an employment barrister at 5 Essex Court, said: “Employees may be rightly concerned for their own health and safety as well as that of their co-workers and others in their household.
“Accordingly, if an employee walks out of the workplace or refuses to return to the workplace in circumstances of danger which the employee reasonably believes to be serious and imminent, the employee cannot be subjected to a detriment by his employer as a result.”
How does someone leave work if they feel unsafe?
According to Mr Hobbs, if you feel unsafe because the conditions at work pose a serious and imminent danger, then you have the right to walk out and not be subjected to a detriment.
However, he adds that it would be wise to raise the issue of concern with their employer in the first instance.
“If measures are not put in place to remove the serious and imminent danger, then the employee may elect to walk out and cannot be subjected to a detriment for doing so thereafter.”
Can I face consequences for not returning to work due to feeling unsafe?
No, says Mr Hobbs. “If an employer were to take disciplinary action or withhold pay (or impose any other detriment) in such circumstances because the employee has raised a relevant health and safety concern, they will be in breach of s.44 and could face proceedings in the Employment Tribunal.”
The same laws apply if an employee is dismissed for raising a relevant health and safety concern, which would constitute as unfair dismissal.
“There is no qualifying period of employment to bring such a claim and interim relief is available,” Mr Hobbs added.
If I have concerns about the safety of my workplace, who should I report them to?
In the first instance, the employee’s health and safety concerns should be shared with the employer, says Mr Hobbs.
“In the event that the employer fails or refuses to act on the concerns, the employee might wish to take further advice from the Citizens Advice or from a solicitor as to their legal rights and the best next steps.”
What is a Covid-secure workplace?
In his speech on Sunday evening, the prime minister did not go into exact detail explaining what it would entail to make a workplace Covid-secure. But on Monday while speaking in the House of Commons, he said that the government will be doing spot checks on businesses to make sure they are complying with the rules.
However, several outlets have seen documents covering such guidance, detailing how businesses including hotels, restaurants, factories and warehouses will operate in “Covid-secure” environments.
On Monday 4 May, the BBC reported that it had seen one of seven draft documents outlining plans to ease lockdown restrictions in workplaces.
This guidance reportedly included implementing additional hygiene procedures, putting up physical screens and having employees use personal protective equipment when they are unable to remain two metres apart.
“However, the section marked PPE contains only a promise that ‘more detail’ will follow,” the BBC added.
