As employment attorneys proceed to grapple with surprising authorities bulletins, frequently altering authorities steerage and complicated Treasury instructions (usually revealed with out prior warning after 5pm on a Friday afternoon), we’re all doing our greatest to attempt to assist colleagues and purchasers navigate a path via this unprecedented panorama. 

Daniella McGuigan

A few of you will have skilled first-hand the psychological and bodily impression of the pandemic and the federal government’s subsequent lockdown measures. Certainly, worries have been raised by companies and people concerning the impression coronavirus and social distancing measures have had on profession prospects, in addition to on well being and wellbeing.

A explanation for concern for the Employment Legal professionals Affiliation (ELA) is that with out correct analysis into and scrutiny of presidency measures, we is not going to perceive what bigger and long-term unfavourable implications these points – prompted or exacerbated by the pandemic – may have for our workforce and employers. And, due to this fact, what applicable motion we have to take to mitigate them.

ELA’s legislative and coverage committee arrange a standing committee to answer and make suggestions on measures related to employment legislation throughout the pandemic. A sub-group of the standing committee (of which I used to be a member) ready a response to the Home of Lords Financial Affairs Committee’s inquiry into employment and Covid-19. The inquiry’s goal is to look at what implications the pandemic can have for the UK workforce and what emergency operations needs to be launched to guard and create jobs. We wished to spotlight the employment legislation points and name for the federal government to conduct additional analysis into the pandemic’s long-term results on UK workers’ well being, profession improvement and equal alternatives.

Defending psychological well being and stopping psychological sickness have sadly taken a again seat within the authorities’s pandemic response. Some psychological well being charities have reported a speedy improve in individuals needing assist, with monetary issues and job insecurity being detrimental to their emotional wellbeing. The federal government has begun to recognise the impact that lockdowns have had on the UK’s psychological well being, with steerage launched late final 12 months. But, with financial hardship solely set to proceed, and lockdown persevering with, the psychological well being of the UK inhabitants could also be going from unhealthy to worse. Some employers can have been struggling to deal with the impression that is having on their workforce and additional analysis may result in extra psychological well being assist being supplied by authorities.

Well being and security obligations have restricted jurisdiction whereas workers make money working from home. Workers who are usually not inside the bodily realm of their employment might be extra susceptible to having unfavourable long-term well being penalties – for instance, not having applicable workstations with appropriate chairs and occupational well being assessments to make sure they’re utilizing/sitting of their workstation correctly to forestall long-term muscular or skeletal points. It has been tough for employers to navigate these boundaries, whereas additionally dealing with the monetary burden of offering gear when the enterprise might have very restricted budgets.

The federal government also needs to additional analyse whether or not the pandemic may have exacerbated gender, ethnicity and incapacity pay gaps. Arguably, versatile working may assist overcome these disparities in alternatives within the long-term; nonetheless, there have already been issues and proof to recommend in any other case. The 2019/2020 gender pay hole reporting interval was suspended final 12 months as a result of pandemic and round half of the businesses eligible didn’t submit the information – this might really reverse progress. In the mean time, the 2020/2021 reporting interval (which relies on information on the snapshot date of 5 April 2020) has not been suspended, so qualifying employers might want to report this era’s gender pay hole by four April 2021. New steerage was issued on 14 December 2020 to incorporate provisions on how furlough impacts gender pay hole reporting obligations. Intervention from the federal government is required to make sure equal alternatives stay a precedence.

Lastly, it has lengthy been a trigger for concern that the profession improvement of junior workers might be detrimentally affected by working remotely. Arguably, it has not been as simple for these new to their roles to work successfully from house. A lot profession studying comes from absorbing what goes on round you within the office, similar to by listening or shadowing senior members of the staff and studying their strategies by remark and dialog. Not being within the workplace has introduced large challenges.

It has been nigh on unimaginable to have these unintended conversations with extra senior colleagues. Some employers have provide you with ingenious methods to attempt to provoke this, via company chat roulette or digital velocity networking. Nonetheless it has been very tough for companies to copy coaching and improvement plans on a distant foundation and the burden shouldn’t reside simply with them.

Certainly, the federal government ought to look into extra incentives and grants to assist profession improvement all through employment along with the brand new Kickstart scheme. For instance, as a substitute of the Apprenticeship Levy, a ‘abilities levy’ might be launched which might be used not simply to create jobs but in addition retrain workers whose roles have been displaced by different expert jobs due to the pandemic.

To coin a phrase, ‘we’re all on this collectively’. It’s hoped that with data from the inquiry the federal government might be able to mitigate the unfavourable penalties on workers and defend extra susceptible sectors of the workforce, whereas not placing undue burdens on employers and business-owners throughout this difficult time.


Daniella McGuigan is a member of the Employment Legal professionals Affiliation and a companion at Ogletree Deakins