Serious Allegations Made About Working Conditions In Leicester & Their Impact On The Spread Of The Coronavirus

Since the local lockdown in Leicester was announced on 29th June, there has been speculation about the factors which may have contributed to the increased number of coronavirus cases in the city.

This has included serious allegations about working conditions in the textiles industry in the city. A Sunday Times investigation reported that one factory in Leicester was paying workers £3.50 per hour, that working conditions were unsafe and that few measures were being put in place to stop the spread of the coronavirus.

Any failures to pay the National Minimum Wage or to protect employees’ health and safety will be dealt with by HMRC and the Health and Safety Executive respectively. However, in terms of measures to be taken to protect employees in the workplace from the coronavirus, the Government has provided industry-specific, non-statutory guidance to assist employers, employees and the self-employed understand how to work safely during the coronavirus pandemic.

Guidance on working safely during the coronavirus

The Government guidance does not supersede any legal obligations applicable to employers and therefore it is important that businesses and employers continue to comply with their existing obligations to their workforce in common law, which is:

• To take reasonable care for the safety of their employees and to not expose them to any unnecessary risks; and
• Their existing obligations defined in legislation and regulations relating to health and safety, employment and equalities.

An employer should do all that it reasonably can to set up a system of safe work and then to ensure that it is implemented.

The working safely during coronavirus guidance applies to a wide range of people who work in or from different workplaces, including:

• Construction and other outdoor work
• Factories, plants and warehouses
• Labs and research facilities
• Offices and contact centres
• Other people’s homes
• Restaurants offering takeaway or delivery
• Shops and branches
• Vehicles
• Educational and childcare settings
• Public transport operators

Regardless of which industry your business falls into, you should carry out the following five practical steps to try to make your workplace COVID-19 secure:

1. Carry out a COVID-19 risk assessment – you should do so to reduce workplace risks to the lowest reasonably practicable level by taking preventative measures. You should follow the HSE guidance when doing so. The purpose of a risk assessment is not to create large amounts of paperwork but to identify sensible measures to control the risks in your workplace. Employers should have an open dialogue with their employees to understand their view on how to work safely. Employers must consult with a health and safety representative that has either been selected by a recognised trade union or your workers and, if you have over 50 workers, then should share results of the risk assessment on your website.
2. Develop cleaning, handwashing and hygiene procedures – including providing hand sanitisers, paper towels or electrical dryers to staff. Objects and surfaces that are touched regularly should be frequently cleaned and disinfected and cleaning enhanced in busy areas.
3. Help people to work from home – this is not limited to discussing home working arrangements or ensuring that they have the right equipment. You should also ensure that you look after their physical and mental well-being.
4. Maintain two metres social distancing where possible – reminding workers and visitors of social distancing guidance by putting up signs, marking areas to help people keep two metres apart or arranging a one-way traffic system if possible.
5. Manage transmission risk where people cannot be two metres apart – where the social distancing guidelines cannot be followed in full, in relation to a particular activity, businesses should consider whether that activity needs to continue for the business to operate, and, if so, take all the mitigating actions possible to reduce the risk of transmission between their staff. Mitigating actions include increasing the frequency of hand washing and surface cleaning, keeping the activity time involved as short as possible, using screens or barriers to separate people from each other, using back-to-back or side-to-side working (rather than face-to-face) whenever possible or reducing the number of people each person has contact with by using ‘fixed teams or partnering’ (so each person works with only a few others). If people must work face-to-face for a sustained period with more than a small group of fixed partners, then you will need to assess whether the activity can safely go ahead.

At Nelsons, we continue to recommend maintaining an open dialogue with your employees by engaging and consulting, with a view to seeking agreement. No one is obliged to work in an unsafe environment and therefore it is paramount that all employers take the necessary steps to ensure that they fulfil their legal obligations.