Guides & Advice
Your summer guide to recovery and resilience in COVID-19
Your updated summer guide to recovery and resilience
As the UK takes its first steps to ease the current national restrictions and looks forward to an increase in economic activity and recovery it is vital that businesses are prepared in every aspect.
To support businesses and people navigate their way out of the last year and the current national restrictions, unlock their potential and drive for a brighter future, we have updated our guide to recovery and resilience.
From financial considerations, employees, leadership and premises, to supply chain implications, health and safety and protecting your private wealth, our guide highlights what organisations and individuals should consider when moving from survival to recovery to thrive.
Financial considerations
Whether a large corporate with a highly structured board, an SME or an owner-managed business, the financial viability of a business is key to its future success. However, as the thoughts turn to the roadmap out of lockdown once again, and what the future may look like, businesses that have got through the last year should consider a range of measures to enable them to cope with what is likely be a recession for some industry sectors of the UK. Prudent business owners will be well aware of the predictions and while there will be a bounce back it may take some time for confidence and stability to return from customers and suppliers.
Your employees
Managing a workforce of any size can have its challenges, let alone one that is recovering from a global crisis. Many businesses will have furloughed employees or made the difficult decision to make a number of their workforce redundant. For those businesses that haven’t, it’s highly likely they will still face having to make difficult choices, albeit further down the line.
The knock-on effects of the COVID-19 outbreak have changed the way employers engage with and effectively manage, their employees. The processes, policies and guidelines that worked previously may no longer be fit for purpose for your business, or for your workforce, in the new working landscape. With the rollout of the COVID vaccine facilitating the gradual return of employees back into the physical workplace, this in itself will bring a host of new opportunities and challenges.
Buildings, workspaces and leases
As the world and economy move forward out of lockdown, owners and investors of real estate as well as occupying tenants will have to consider the adjustments they now need to make whilst the restrictions around social distancing continue.
They will need to find new ways of working and inevitably different ways to use their space over the coming months and, at the same time, consider how to manage the cost of premises in these changed circumstances.
Suppliers and supply chain
Many businesses have struggled to comply with their contractual obligations as a result of the COVID-19 pandemic and may have been forced to rethink their supply chains. A focus in recent years on minimising costs, reducing inventories and maximising asset utilisation has often resulted in a reduced ability to cope with disruption. Whilst the impact of the COVID-19 pandemic is unprecedented in modern times, disruption to the global economy is an increasing risk, whether due to political events such as Brexit, US-China trade tensions, or climate change.
Private wealth, family businesses and family
The effects of COVID-19 will undoubtedly have a huge impact on our economy for years to come, with many businesses collapsing under the strain and the level of unemployment set to rise significantly. However, what is less widely reported on is the effect it is having and will continue to have, on families and personal wealth. We’ve already seen that the pandemic has led to an increase in people looking at how they may pass on their wealth to the next generation –and even more so for those that own family businesses.
Compliance – Health and safety
Employers have clear duties under existing health and safety legislation. Obligations to comply with health and safety at work, and to manage and control workplace risks, includes protecting workers and others from the risk of COVID-19 infection in the workplace. That duty is to do everything “reasonably practicable” to manage these risks. The onus of demonstrating that everything reasonably practicable has been done falls to the employer. The best way to demonstrate compliance with the law is usually to follow government and industry-led guidance wherever possible.
Leadership
Strong leadership is a cocktail of authenticity, collaboration, passion, compassion, and a great deal of bravery. We all know the best results occur when we are pushed out of our comfort zones and the ingredients are shaken up, and COVID-19 has done exactly that. With government guidance signalling the UK’s route out of current national restrictions, the time for positive leadership is now. It’s time to take control of what we can and create an environment with enough certainty where people can feel safe enough to flourish centre stage.
We are here to help
The team here at Shakespeare Martineau remain committed to supporting our clients and our communities throughout these challenging times, with
the depth of experience, collaborative ethos and the creative know-how to lead positively to the future. We are able to offer advice and solutions on a range of subjects for life and business - from employment and general business matters, through to director’s responsibilities, insolvency, restructuring, funding and disputes to issues affecting family businesses, personal wealth planning and family law. Do contact us on 03300 240 333
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Your guide to recovery and resilience
Compliance – Health and safety
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Your guide to recovery & resilience | Compliance – Health and safety
Employers have clear duties under existing health and safety legislation. Obligations to comply with health and safety at work and to manage and control workplace risks includes protecting workers and others from the risk of COVID-19 infection in the workplace.
That duty is to do everything “reasonably practicable” to manage these risks. The onus of demonstrating that everything reasonably practicable has been done falls to the employer. The best way to demonstrate compliance with the law is usually to follow government and industry-led guidance wherever possible.
Health and safety legal obligations cover employees and third parties and the potential physical interaction between them when they visit your working environment as well.
This guide looks in more detail at what you should consider when moving from survival mode towards recovery and thrive. As we enter this next phase, by supporting each other in business we can make way for a brighter future.
What is the current guidance on returning to work?
Government guidance remains that employees should work from home where possible. If it is not possible, employees can and should return to work unless they work in one of the sectors which are required to remain closed. This advice was introduced during the government briefing on 10 May 2020.
Businesses planning on returning to work will have to review and assess what the risks to employees and others will be from a return to work as lockdown restrictions are eased, taking account of any guidance.
Detailed government guidance has been issued on a sector specific and work type basis for businesses to control the risks of COVID-19 in the workplace. Some businesses may work across a number of work types such as offices, factories and outdoors and therefore may need to consult more than one of these guides.
Each business will have differing needs and requirements when considering whether and how they should reopen and allow employees and others to visit their place of work. This guidance is to protect and support employees with their physical work and their mental health. Businesses can access and read the detailed guidance here.
If employees or third parties (such as customers or suppliers) are returning to your working environment, remember your overriding obligation to reduce the risk of COVID-19 as far as “reasonably practicable”.
Don’t forget the value of risk assessments
Risk assessments are a key part of this process and will allow businesses to assess the working environment to identify and evaluate the hazards and risks (including at risk persons such as vulnerable and/or shielded people), determine appropriate and proportionate controls and record those steps before implementation.
Risk assessments should address all aspects of the working environment including shared office resources (such as kitchens, canteens and printers) and personal office resources (such as desk spaces).
Remember that risk assessments not only help create the practical solutions to ensure that you comply with your ongoing health and safety obligations but also create the necessary audit trail to demonstrate that compliance. Keep your risk assessments up to date and review and update where necessary. Do not disregard employees who continuing to work at home in this process.
Some common issues
Most risk assessments will address concerns and practical steps to deal with:
- Vulnerable and shielded employees
- Steps to protect employees, customers and third parties visiting the work place
- Practical implementation of social distancing in the work place environment
- Regulation and use of shared or communal spaces including access, lifts and canteens
- Benefits and pitfalls in sourcing and usingpersonal protective equipment
- Enhanced cleaning or increased access to and provision of sanitising products
- Isolation procedures for symptomatic persons
- Mental health and wellbeing of employees (including those continuing to work at home)
- The impact of any changes on the office environment and the ability to work safely.
Engagement should be encouraged with individuals to ensure practical steps are taken to manage individual risks and concerns.
Practical suggestions
Each work environment is different and businesses should consult the most up to date guidance or seek industry or legal advice on the steps they are or are proposing to take.
Practical solutions currently being envisaged:
Policies and procedures
Ensure staff and third parties are aware of your policies and procedures when visiting the working environment including your own guidance on how the working environment should operate now to mitigate risk. Hygiene
Provide and promote handwashing and sanitising facilities and enhanced cleaning function in the office to maximise hygiene standards (particularly in communal spaces). Use of PPE
Consider the use of PPE in the working environment and where that would be appropriate and how your policy will meet the needs and expectations of those visiting. Physical environment
Review the physical working environment and what controls and measures can be taken to maintain as far as reasonably practicable social distancing of 2m and avoid crowding. Staggered return
Consider a staggered, phased or rota return for work where social distancing may prove problematic due to space or access constraints. Different working patterns
Consider staggered start times or shift working and liaising with other occupants in shared buildings where joint access is used to agree a common approach. Working practices
Consider the need to reduce or limit time spent on face to face contact and how to promote remote working practices in the work environment. A full list of the guidance produced by the government can be found here. If in doubt, remember to take professional or industry led advice on best practice and the latest guidance given the evolving situation.
A full list of the guidance produced by the government can be found here.
If in doubt, remember to take professional or industry led advice on best practice and the latest guidance given the evolving situation.
Contact us
In response to the pandemic we created our coronavirus hub which includes advice, guidance and insight to help you navigate through these uncertain times. As we all begin to adapt and prepare for the future, our hub will evolve to provide you with further help and resources for surviving, reviving and beginning to thrive in life and business, throughout the challenging times ahead.
Our free legal helpline offers bespoke guidance on a range of subjects, from employment and general business matters through to director’s responsibilities, insolvency, restructuring, funding and disputes. We also have a team of experts on hand for any queries on family and private matters too. Available from 10am-12pm Monday to Friday, call 0800 689 4064.
For legal support in relation to the coronavirus or any other matter, get in touch with your team today.
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James Woolstenhulme James Woolstenhulme
Partner View full profile
Barry Jervis Barry Jervis
Partner & Head of Litigation & Restructuring View full profile
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