| Acas

Most workplaces have reopened since the end of coronavirus (COVID-19) restrictions. But some organisations may only now be considering whether staff should return to the workplace.

As an employer, you should consider:

whether it's appropriate to bring staff back to the workplace who have not returned yet
flexible working arrangements
reasonable adjustments
how to keep the workplace safe
reviewing health and safety policies and procedures
when staff should come back to work after they've had COVID-19, including any self-isolation and testing procedures you might want to put in place

You must also consider if COVID-19 is relevant and take it into account when deciding on 'reasonable adjustments' for disabled employees.

Find out more about reasonable adjustments

1. Keeping the workplace safe

Employers have legal obligations for the health, safety and wellbeing of people at work.

There are a number of things an employer should consider to:

help reduce the risk of spreading COVID-19
make work as safe as possible for everyone

To keep the workplace safe, employers and staff should follow the government guidance for:

What employers must do

By law, employers have a 'duty of care' for staff, customers and anyone else who visits the workplace.

Employers also have responsibilities for health, safety and wellbeing when staff are working remotely, for example working from home.

Employers must:

do all they reasonably can to protect the health, safety and wellbeing of people at work
complete a risk assessment, and take reasonable steps to prevent harm
consider COVID-19 as part of their general health and safety risk assessment
consult staff, and any trade union or employee representatives, on any decisions that involve health and safety

Employers must also consider how to protect staff who are at high risk of serious illness from COVID-19 as part of their health and safety risk assessment.

Find out more from the Health and Safety Executive (HSE) on:

What employers should consider

Employers should consider policies and rules to keep their workplace safe. This is part of their legal obligation for the health, safety and wellbeing of staff.

Cleaning and ventilation

Employers should follow government guidance on hygiene and cleaning the workplace:

England – GOV.UK guidance on living safely with respiratory infections, including COVID-19
Scotland – Scottish Government guidance on safer businesses and workplaces
Wales – Welsh Government guidance for employers, businesses and organisations

Employers must also make sure there is adequate ventilation (air flow) in enclosed areas of their workplace.

Find out more about ventilation in the workplace from the Health and Safety Executive (HSE)

Vaccinations

There's no law that says people must have the COVID-19 vaccine but employers should support staff in getting it.

Some employers might want to agree a vaccine policy for their organisation.

Find out more about getting the COVID-19 vaccine and supporting staff

Other things to consider to keep the workplace safe

There are a number of other things employers can consider to help keep the workplace safe.

Face coverings and masks

In England and Scotland there is no legal requirement to wear a face mask or covering. In Wales, wearing a face covering is still a legal requirement in health and social care settings.

Even where face coverings are not required by law, employers should talk with their staff and consider what their organisation's policy is around face coverings at work.

Some staff might still choose to wear face coverings, even if there is no workplace policy.

Read the government guidance for:

England – GOV.UK advice on when to consider wearing a face covering
Scotland – Scottish Government guidance on face coverings
Wales – Welsh Government guidance on face coverings

Social distancing at work

Social distancing means keeping people apart to help reduce the spread of COVID-19.

Employers should still consider what their policy is on social distancing, particularly if they have staff at high risk from COVID-19.

Other ways of keeping people safe might include:

working side by side instead of face to face
using screens or barriers to separate people

Flexible working

The pandemic has given people experience of working in lots of different ways. Talking to staff about their experiences can help you consider:

whether staff should return to the workplace
how the workplace should be used

You could consider flexible working arrangements, for example working from home and hybrid working.

Find out more about flexible working

If someone at work has COVID-19

If someone finds out they've tested positive or has COVID-19 symptoms when they're at their workplace, they should tell their employer.

'Self-isolating' (staying at home) is no longer a legal requirement. But if someone has COVID-19 symptoms or has tested positive, they should follow the public health advice in England, Scotland or Wales and any policy their organisation has in place.

Follow the government guidance for:

England – guidance for people with COVID-19 symptoms on GOV.UK
Scotland – Scottish Government Test and Protect guidance for employers
Wales – Welsh Government self-isolation guidance

Staff may be concerned that they've worked with someone with COVID-19. Employers can reassure them by making clear what measures they've taken to keep the workplace safe.

Staff should speak to their employer if they have any concerns or are unsure about whether they should self-isolate.

Acas support for employers

An Acas adviser can talk you through:

your options for returning to the workplace safely
the steps in the process and a flowchart with links to further resources
what's a legal requirement and what's good practice
what support is available for your staff

To arrange an appointment, you can:

use our enquiry form
call 0300 123 1150, Monday to Friday, 9am to 5pm

Some people might be anxious about going to the workplace. For example, because they're:

worried about catching COVID-19 at work or when travelling to work
at high risk if they catch COVID-19
living with someone who's at high risk
caring for children
pregnant
disabled

Employers should:

take steps to keep everyone safe at work
reassure staff by telling them how the workplace has been made safe
encourage staff to talk to them about any concerns they have
listen to any concerns staff may have and try to resolve them together
discuss safety when travelling to work

Employers must make 'reasonable adjustments' for disabled staff.

As well as following the government's public health advice, employers and employees could discuss other ways to help keep safe. For example:

flexibility with working hours, for example working different hours temporarily to avoid peak travel times
flexible working arrangements, including working from home and hybrid working
other ways to travel to work, for example walking, cycling or providing staff with extra car parking where possible

If someone refuses to go to work

If someone refuses to go to work after all reasonable options have been considered, their employer could start a disciplinary procedure.

If someone believes their workplace is not safe

People legally classed as employees are protected by law from being dismissed or experiencing any 'detriment' if they:

reasonably believe being at work or doing certain tasks would put them in serious and imminent danger
take reasonable steps over a health and safety issue, for example complaining about unsafe working conditions
inform their employer about their health and safety issue in an appropriate way

A dismissal in these circumstances could be classed as an automatically unfair dismissal.

Detriment means treatment that leaves someone worse off, for example:

their employer reduces their hours
they experience bullying or harassment
their employer turns down their training requests without good reason

People legally classed as workers also have protection from experiencing any 'detriment' if they:

reasonably believe being at work or doing certain tasks would put them in serious and imminent danger
take reasonable steps over a health and safety issue
inform their employer about their health and safety issue in an appropriate way

If an employee or worker refuses to work because they reasonably believe that the working environment is not safe and they're then treated less fairly by the employer as a direct result, they could make a claim to an employment tribunal.

When someone has been off sick with coronavirus (COVID-19) and is ready to go back to work, they should talk with their employer as early as possible.

They could discuss:

how and when they'll return, or if they need a phased return
any concerns they have about returning to work
how the employer is keeping the workplace safe
if an occupational health assessment could help

If someone is ready to go back to the workplace after being off sick with COVID-19, it's up to their employer to decide whether they think it's safe for them to return.

If someone is ready to go back to the workplace, they should also check their organisation's sickness and absence policies to see if they give any extra information about returning to work.

Returning to work with long COVID

The effects of COVID-19 are still being understood and the person might experience long COVID.

People with long COVID might need ongoing support and further sick leave after they've returned to work.

Find out more about long COVID

If other staff have concerns

Other staff might be worried about being exposed to the virus if someone who's had COVID-19 or has long COVID comes back to the workplace.

Employers should:

reassure staff by making clear how they're keeping the workplace safe
keep communication open but check first with the person who's had COVID-19 about any details they want kept confidential
encourage an inclusive working environment

Employers should be aware that some staff might still be at high risk of serious illness from coronavirus (COVID-19). These people might have received a letter or email from the NHS in the past, identifying them as 'clinically extremely vulnerable' (CEV).

People at high risk should follow the same guidance as everyone else but there could be additional precautions they want to take.

Employers should consider extra steps to keep people at high risk safe, for example by:

looking at ways to support their work, for example allowing them to work from home where possible
providing extra safety measures at their workplace
updating health and safety policies to cover people who are at high risk

4. When someone at high risk returns to work

People at high risk who have been working from home might now be considering returning to the workplace, or their employer may want them to.

Employers should talk to staff at high risk about:

if and when they'll return to the workplace
other flexible working arrangements, including working from home or hybrid working
what the employer has done to keep the workplace safe
any concerns the person has about going to the workplace
any 'reasonable adjustments' they might need if they have a disability

Check the latest government guidance for:

England – people previously considered clinically extremely vulnerable from COVID-19 on GOV.UK
Scotland – Scottish Government advice for people on the Highest Risk List
Wales – Welsh Government guidance on shielding extremely vulnerable people

If a doctor says someone should stay at home

A doctor may still advise someone who's at high risk to stay at home, even though shielding has stopped. For this situation, check your organisation's:

The employer should talk with the person to understand the issue and see how they can support them. The employer should also consider if the person can continue or start working from home.

If an employee lives with someone who's at high risk

If someone lives with a person who's at high risk, they may be worried about being in the workplace. They should talk with their employer.

The employer should consider what support they can offer, for example agreeing extra safety measures for the workplace, or considering if the person can work from home.

Employers should encourage staff to talk to them about any concerns they have, and try to resolve them together.

5. Consulting staff

Employers should consult with staff about any changes to how they work.

This means the employer should:

ask staff for their views
consider any suggestions
try to reach agreement

Where they have them, employers should also consult their trade union or other employee representatives. They should check if there's any agreement with representatives that says they must formally consult.

Things to talk about could include:

how health and safety is being reviewed and managed – employers should share their latest risk assessment
any changes to COVID-19 safety measures at work
any other flexible working arrangements, including working from home and hybrid working

Employers can find guidance on talking about health and safety with workers from the Health and Safety Executive (HSE).

Find out more about consulting employees and their representatives

Changes that might affect someone's employment contract

If there are any proposed changes that affect the written terms of someone's contract, the employer must consult with them or their representative, for example their trade union representative.

Find out more about changing an employment contract