Employee protection is a headache for businesses as they re-open

Employee protection could be a major headache facing businesses as they get back to work, an employment law expert has warned.

David Gaffney of Gaffney Solicitors in Cork said there are further questions to be answered for businesses in relation to how to protect their staff.

“The majority of businesses are likely struggling to fully understand what exactly is expected of them upon reopening. Small offices, for example -- how will they gauge what is enough work to bring people back to an office? How will they be able to ensure social distancing?

“Many businesses may not be able to ever afford to bring all their staff back. There is no doubt that employers are concerned that difficulties around physical distancing may delay the return of workers to their place of work, and worker concerns around virus transmission may likely pose an obstacle to them returning to work.”

Mr Gaffney said firms need to develop or update a policy which should include a risk assessment of the workplace in order to minimise threats to workers.

“These policies should include references to cleaning of workplaces and provide guidance on physical distancing measures and use of Personal Protective Equipment.

“There is also now a comprehensive policy to be formulated as to what staff and employers should expect when they come to work -- what exactly is required to have customers in a premises, what constitutes adequate personal protective equipment, etc. People need confidence in order to return to work in a time of trepidation.”

A spokesperson for the Department of Business, Enterprise and Innovation said the Protocol for Re-opening Business and Society, “provides employers and employees with a clear compliance framework by which to reopen businesses, return to work safely and continue to operate”.

She added: “In addition, the Protocol specifically states that it is not designed to prohibit the introduction of further specific measures in particular sectors or workplaces, as long as they enhance the measures set out in the Protocol. Further supports for employers and workers will be developed and provided where appropriate. It is a living document.”