coronavirus workplace settings guidance <\/a>that are\nrelevant for their type(s) of workplace. <\/p>\n\n\n\nIn general, the government encourages social distancing, high standards\nof hand hygiene, increased surface cleaning and fixed teams as the best ways to\nmanage risk in the workplace, and as more important measures than wearing face\nmasks.<\/p>\n\n\n\n
However, staff in retail, leisure and hospitality settings who are\nlikely to come into contact with members of the public must wear face masks.\nThat includes not just shops, restaurants and cafes, but also other\npublic-facing businesses like banks and estate agents. Where there is a\nphysical barrier between workers and members of the public, such as a perspex\nscreen, staff behind the barrier do not have to wear a face covering.<\/p>\n\n\n\n
Other employers should support employees in wearing face coverings if\nthey choose to do so. Employers should also bear in mind the government\u2019s\ngeneral guidance (above) that face coverings should be worn in indoor places\nwhere social distancing may be difficult. <\/p>\n\n\n\n
In Wales, the rules explicitly mandate the use of face coverings in indoor work settings where social distancing cannot be maintained.<\/p>\n\n\n\n
\n\n\n\nWhat if\nan employee refuses to wear a face covering after being asked?<\/strong><\/strong><\/p>\n\n\n\nIf the employer has decided as part of its risk assessment that face\nmasks are necessary; or in sectors where they are mandatory, the employer will\nneed to take steps to provide masks and\/or PPR and ensure that employees are\nusing them appropriately.<\/p>\n\n\n\n
An employer may be liable if someone\u2019s health is damaged due to their\nemployee\u2019s negligent disregard of health and safety rules. (In practice,\nhowever, it would be difficult for anyone to show that they contracted Covid-19\nbecause of an employee\u2019s failure to wear a face covering.)<\/p>\n\n\n\n
Employers should consider setting up a special process for employees to raise\nconcerns that colleagues are not wearing face masks or PPE when they are\nsupposed to do so. In appropriate cases, after investigation, employers may\nwish to consider taking disciplinary action.<\/p>\n\n\n\n
Employers should, however be careful about introducing and enforcing\nblanket policies requiring employees to wear face coverings, as they could run\nthe risk of unlawfully discriminating against people who have legitimate\nreasons for not wearing them. <\/p>\n\n\n\n
For example, it could be indirect disability discrimination to discipline an employee who suffers from asthma for not wearing a face covering, if they are unable to do so because it would prevent them breathing properly. Employers must make \u201creasonable adjustments\u201d for disabled workers, which might include allowing an employee with a valid reason not to wear a face covering.<\/p>\n\n\n\n
\n\n\n\nWhat if\nvisitors and customers refuse to wear a face covering?<\/strong><\/strong><\/p>\n\n\n\nUnder the government\u2019s guidance, premises where face coverings are\nrequired should \u201ctake reasonable steps to promote compliance with the law\u201d.\nThat said, only the police and public transport officials have responsibility\nfor enforcing compliance. <\/p>\n\n\n\n
Like employees, visitors and customers may have legitimate reasons for\nnot wearing a face covering (for example, their age, health or disability); and\ngovernment guidance states that people should not be routinely asked to provide\nwritten evidence of this.<\/p>\n\n\n\n
This raises difficult questions about what employers should do in practice to manage the risks to employees where visitors don\u2019t comply with face-covering requirements. They may wish to consider whether there are ways to provide employees with additional protection in this situation, and whether and how they might seek to enforce compliance by customers and customers as part of their duty to protect their staff.<\/p>\n\n\n\n
\n\n\n\nWe have tried to cover the frequently asked questionas in the area of Employment Law and COVID 19 at the moment. If you have any specific questions you would like advice on, then please contact: Abi.Frederick@lewissilkin.com or koichiro.nakada@lewissilkin.com of Lewis Silkin LLP.<\/p>\n","protected":false},"excerpt":{"rendered":"
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