Returning To Work After Covid-19 – Some Legal Issues

Following the government's recent announcement of a partial relaxation of the lockdown, the prospect of a return to work is in sight for many people. In some industries such as construction staff are already being encouraged to return to work. As the R number falls, others will no doubt follow. But what are the legal pitfalls which await employers?

The starting point, of course, is that employers owe a duty to provide a reasonably safe system of work and to take reasonable care for the safety of their employees: British Aircraft Corp v Austin [1978] IRLR 332. In addition they are bound by the implied term of trust and confidence. For both reasons, employers will need to take steps to make their workplaces safe for individuals to return. What steps will have to be taken will vary from employer to employer but steps may include closing canteens and other communal gathering places, staggering work start and finish times and taking steps to enable social distancing to