A lack of personal protective equipment and social distancing rules at work are the two most raised concerns to the Health & Safety Executive (HSE) by employees since the coronavirus pandemic started.
One in ten complaints about Covid risks reported by whistleblowers to the independent regulator, according to recent figures released, were about shortages of PPE, while nearly half of the 5,585 reports were failures by employers to implement the correct social distancing measures.
Joan Pettingill, director and head of employment law and HR services at Wake Smith Solicitors, looks at how companies failing to make their premises Covid-safe could face enforcement, reputational damage and tribunal claims.
“The HSE is carrying out spot checks to check that businesses are Covid secure, and can take enforcement action against both businesses and senior managers and directors for breaches.
“Also, if an employee suffers detriment as a result of raising concerns, then this could also result in a tribunal claim.
“Employers need to have workable whistleblowing policies in place and to ensure that managers know how to spot when an issue raised is protected by whistleblowing legislation or alternatively when it should be handled as a grievance.
“Another issue for employers is how to effectively manage potentially legitimate concerns from employees who may be genuinely fearful of attending work or using public transport for example due to the new fast spreading COVID-19 strain.
“Employment laws which were written to protect employees from serious and imminent dangers of working in coal mines are now having to be interpreted for COVID which is not what the laws were designed for.
“H&S issues can be a minefield for employers. If employers find themselves having to handle difficult H&S situations of this nature don’t hesitate to get in touch with our team here at Wake Smith.
“We provide training for managers in how to spot and deal effectively with whistleblowing, disciplinary & H&S issues in the workplace.”
For further information or advice on our training packages and any employment law matters contact Joan Pettingill at Wake Smith Solicitors at [email protected] or call 0114 224 2087.
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