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With the lifting of COVID-19 legal restrictions in England on 19 July 2021, David Ashmore (Partner) and Alison Heaton (Knowledge Management Lawyer) from the Reed Smith employment team comment on the key issues/hot topics for employers.

What is changing on 19 July for employers?

The instruction to work from home if you can is being lifted from 19 July 2021. From this date it will be up to employers to decide whether employees should return to working in line with pre-COVID arrangements, retain the current work-from-home set-up, or move towards hybrid working.

Can an employer impose new arrangements from 19 July?

Although employers could require a return to a contractual place of work from 19 July, mandating an immediate change to current work-from-home arrangements is not recommended – not only does it run contrary to the government’s advice to implement any return to the workplace gradually, but is unlikely to be well-received by employees. Instead, employers are advised to prepare for a transition to new/previous arrangements over a period of weeks and months. Having a clear, robust and well-communicated health and safety and return-to-work plans, and adopting a flexible approach wherever possible, will allow for an easier adjustment. Where the employer wants to make changes to contractual arrangements, they will need the employee’s consent.

What if an employee does not want to return to the workplace – is that redundancy?

No. Where the employee is not willing to return to work, and alternative arrangements cannot be agreed, this will not be a redundancy situation (as redundancy only arises if the business closes, there is a closure of the workplace, or where there is a reduced need for employees).

How should employers deal with return-to-office anxiety?

Numerous circumstances may make some individuals reluctant to return to the workplace or previous working arrangements, certainly in the near term. Employers are encouraged to have an open dialogue with staff, taking time to understand each individual’s unique challenges and preferences, and to provide a supportive and flexible approach to find a mutually agreeable solution. They will need to be particularly vigilant in circumstances where the reluctance to return is linked to concerns about health and safety, and act reasonably when responding to concerns. Where it is not being offered, employers can perhaps expect to see a surge in flexible-working requests, and will need to treat these with care – where employees have successfully worked from home and/or flexibly during the pandemic, it may be harder to justify rejecting requests seeking to make that a more permanent arrangement.  
Continue Reading Preparing for a return to the workplace in the UK after 19 July 2021

As New York State businesses begin to reopen – a process we have detailed here – Empire State employers will increasingly be required to make decisions with respect to returning employees to the workplace who were suspected or confirmed to be infected with, or exposed to, COVID-19. To assist the business community, the New York State Department of Health (DOH) recently published interim guidance for employers in this regard (the Interim Guidance). Critically, the Interim Guidance applies to all New York employers and employees (with the exception of health care or nursing home professionals) – regardless of their industry or phase of reopening, or whether they are or were considered an “essential” business. Below is a summary of the Interim Guidance.
Continue Reading Moving forward: New York State Department of Health issues new protocols for returning employees to the workplace following COVID-19 infection or exposure

As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis.…

Over recent weeks, the UK government has announced the first steps it is taking to get businesses up and running again in the wake of the COVID-19 pandemic. This publication highlights a number of key areas for UK employers to consider as they start to plan ahead to re-establish and maintain their businesses, while at the same time ensuring that they comply with their legal obligations towards the workforce. While the considerations are plentiful, this guidance focuses on health and safety, human resources, and workplace planning and management.

To view the publication, please click here. We would be delighted to answer any questions you may have. Please feel free to speak to any of the key contacts mentioned in the publication or to your usual Reed Smith contact.Continue Reading Preparing for a post-COVID-19 return to the workplace: what do UK employers need to think about from a health and safety and HR perspective?

As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis.

Since the Governor made his initial reopening announcement, the State has published a slew of materials to assist businesses as they reopen. To further assist businesses, we have created a central location – i.e., this post – from which these materials can be accessed. Following, therefore, are links to, and details regarding, these important materials:

  • General information about Governor Cuomo’s “New York Forward” reopening plan can be found here. In conjunction with “New York Forward,” the Governor has also released this comprehensive reopening guide, which addresses business reopenings plus a host of other COVID-19-related issues.
  • To help businesses determine whether they can reopen within a particular region, the State has developed a business reopening lookup tool, which can be found here. The tool is intended to “help you determine whether or not your business is eligible to reopen, and the public health and safety standards with which your business must comply.”

Continue Reading Update on everything you need to know about New York’s business reopening plan

As we previously detailed, last week New York State Governor Andrew Cuomo outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations.  Under the Governor’s plan, reopenings will be determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis.

In the wake of Governor Cuomo’s announcement, New York businesses have been clamoring for additional information on the reopening requirements.  Yesterday, the Governor provided such information – specifically, he:

  • Unveiled a regional monitoring dashboard – available here – showing where each of the Empire State’s 10 regions stands with regard to satisfying the Governor’s criteria for reopening.

According to the dashboard, the Finger Lakes, Southern Tier, and Mohawk Valley regions have each satisfied all seven of the Governor’s reopening criteria.  This means that, starting on May 15 (when the State’s “stay at home” order lifts), these three regions can likely reopen “phase one” businesses, which include construction, manufacturing, wholesale trade, select retail for curbside pickup only, agriculture, forestry, and fishing (a comprehensive list can be found here).

New York City has, thus far, satisfied the fewest reopening criteria – four – of any region.

  • Released a comprehensive, 51-page “New York Forward Reopening” plan –available here. The plan addresses business reopenings plus a host of other COVID-19-related issues.
  • Announced that certain low-risk businesses and recreational activities, including landscaping, gardening, tennis, and drive-in movie theaters, will reopen statewide on May 15.

Continue Reading New York announces additional reopening guidance, including a regional monitoring dashboard

The Equal Employment Opportunity Commission (EEOC) updated and expanded a Technical Assistance Publication on May 5, 2020, and then again on May 7, 2020, focusing on employer obligations under the Americans with Disabilities Act (ADA) and related laws during the COVID-19 pandemic. The EEOC’s guidance comes as many states are reopening their economies and allowing businesses to admit employees back into the workplace.

The Question-and-Answer format of the updated publication reminds employers of their obligation to continue to provide reasonable accommodations in the workplace, even in the middle of a pandemic. Of particular interest to employers are situations where the worker is already known to have a medical condition that the Centers for Disease Control and Prevention (CDC) has flagged as putting the individual at higher risk for severe illness from COVID-19. The full CDC list is available here, and includes people with moderate to severe asthma, severe obesity, diabetes, and many other impairments. The EEOC’s position regarding the employer’s rights and obligations when returning such individuals to the workplace has two key parts.Continue Reading Returning to work during the COVID-19 pandemic: Employer’s rights and obligations to high-risk workers

Yesterday, New York State Governor Andrew Cuomo outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations.  Under the Governor’s plan, reopenings will be determined on a region-by-region and industry-by-industry basis.  And when businesses do ultimately reopen, they will be required to adopt a plan to protect employees and consumers, make the physical work space safer, and implement specific safety precautions.  Below we will delve into the Governor’s staggered, phased approach to reopening New York.
Continue Reading Gov. Cuomo announces guidelines to “reopen” New York

The SBA’s latest round of frequently asked questions (FAQs) about the Paycheck Protection Program (PPP) gives employers an important new tool to address one of the biggest challenges of trying to maximize PPP forgiveness: How to respond to employees who refuse to return to work by June 30, 2020.

Loan forgiveness is the cornerstone of the PPP, which was established under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). To protect jobs, the PPP’s offer of loan forgiveness is in part based on an employer’s ability to maintain headcount through the COVID-19 crisis. Specifically, if between February 15, 2020 and April 26, 2020, an employer reduces its employee headcount, then the amount of loan forgiveness will be reduced. If the employer reinstates those employees by June 30, 2020, however, the loan forgiveness amount will not be reduced. Further explanation of the PPP and loan forgiveness reduction calculation can be found here.
Continue Reading Employees refusing to return to work? The SBA offers some protection of PPP forgiveness

As businesses reopen and employees begin returning to work, employers will have to navigate complex wage and hour issues they may have never considered before. Employers will need to adapt to a “new normal” of major workplace changes, including increased teleworking, social distancing, and new health and safety measures.

Wage and hour issues for employees returning to the workplace

Whether an employer must compensate an employee for the time they spend complying with new workplace protocols, like screening and safety measures, will require a fact-intensive, state-specific analysis.  The following are just a sampling of some wage and hour issues employers must consider (under both federal and state laws) as employees start coming back to work:
Continue Reading Wage and hour considerations in the post-COVID-19 era