
Furloughed workers
The new lockdown restrictions may mean the scheme will see an increase in users. Employers can furlough any employee who was on their payroll from 30 October 2020 and for whom they have made a PAYE RTI submission to HMRC between 20 March 2020 and 20 October 2020. It is possible for employers to furlough any staff, meaning they do not need to have been furloughed before. Those who are considering furloughing workers due to the new lockdown must gain written agreements or written confirmation of the agreement from their employees, which they must retain for five years.Health and safety measures for staff working from home
Guidance issued by the Health and Safety Executive (HSE) states that there is no specific requirement for employers to carry out an assessment of employee’s homework station if they are working from home on a temporary basis. However, under the Health and Safety at Work Act 1974, if the employee is working from home on a long-term basis, an assessment must be carried out. Many employers will have had their staff working from home since March, and so should consider whether a risk assessment is necessary. Businesses with a small number of workers can provide them with a basic risk assessment to complete, which can then be used to feedback information to employers.As employees will be working from home for the foreseeable future, there is the risk that their set up may not be suitable. For example, they could suffer occupational strain injuries from the lack of correct furniture, such as a desk and chair.To prevent such incidents, employers should consider whether they need to provide staff with equipment. They should also consider employees who have disabilities, are pregnant or have other specific needs. In these situations, equipment may need to be supplied as a ‘reasonable adjustment’ under section 20 of the Equality Act 2010, which requires employers to take steps to prevent certain employees being put at a disadvantage. During this third lockdown, employers need to continue to implement processes and protocols for their employees to follow. Good channels of communication and ensuring that those ‘out of sight’ know that they are not ‘out of mind’ will be essential to the success of continuous home working practices. Debbie Sadler is a senior associate in the employment team at Blaser Mills Law.
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