On 31 October 2020, the Government published the New National Restrictions (the “Restrictions”) which are intended to be in place from 5 November 2020 until 2 December 2020.
The Restrictions require that to help contain Covid-19, everyone who can work effectively from home should do so, and have resulted in a prompt return to homeworking for those who had already returned to the office (albeit in many cases not on a full time basis), and extended months of uninterrupted working from home for others.
Employers have a duty to take those steps which are reasonably necessary to ensure the health, safety and welfare of their employees and to maintain a safe system of work, and this extends to mental health and wellbeing rather than simply physical health.
What does this mean in practice?
Employers should be mindful that those living on their own may experience feelings of isolation and anxiety (and in some cases, depression), whilst those with families or other caring responsibilities are likely to face additional demands as a result of balancing the requirements of home and work, although the key difference with “Lockdown II” is that schools have remained open. Junior staff in many sectors have reported feeling under-supervised and overwhelmed when working from home for long periods, and this can result in productivity issues.
Many employees are also likely to have difficulty “switching off” at the end of the day (or week), as the boundaries between office and home life have become blurred and especially with the temptation to respond to emails as they inevitably come in late into the evening and in many cases over the weekend.
This is of course in addition to legitimate concerns many employees will already be experiencing about their own health and that of their families and friends (and in some cases dealing with bereavement), and concerns about the financial challenges facing their employer and/or sector.
What should managers and employers consider?
Pulling on their wide ranging experience of advising employers and managers on looking after their employees during the first lockdown, Michelle Chance (Partner) and Chris Warwick-Evans (Associate) have reflected on some of the key takeaways for employers and managers from the first lockdown, and have distilled some top tips for helping employees stay well (and engaged and productive!) during “Lockdown II”:
- Employers and managers should ensure staff are aware of the internal and external sources of support which may be available to them.
Many employers provide an Employee Assistance Program (EAP), remote GP and/or Private Health Insurance which may allow for prompt self-referral to access confidential “talking therapies” which can be particularly helpful for those suffering from stress, anxiety or other mental health problems. Employers should consider updating the staff intranet and/or sending a team/group wide email to remind staff what confidential support is available if they have not already done so. This should be done in a way which is non-judgmental and aims to reduce any stigma. Employers should remind employees that everyone at all levels of the business is in this together and it’s okay not to feel okay all of the time. The important thing is empowering employees to recognise the signs that they are not okay early on and to encourage them to get help as soon as possible, to aid them on their path to recovery.
– Some employers have found that setting up a mental health champions or allies’ scheme (whereby trained staff signpost the support available to stressed or anxious employees) has been invaluable. If there is no such scheme in place, it is likely to be worth considering introducing this (combined with appropriate training), especially if the Restrictions are extended.
- Managers should stay in regular contact with staff during usual working hours, and not simply by email. Virtual team meetings and video calls can be particularly helpful in reminding staff they are not alone and are part of a wider team of others in similar situations. These meetings should touch on how staff members are doing generally, rather than solely being focused on work-related matters.
- Consider additional regular “check-ins” to catch-up with junior staff, especially those who are new or in training or who are usually closely supervised when in the office.
- Consider “return to work” meetings for those returning from furlough or unpaid or family leave who may feel overwhelmed working from home after a period of not working.
- If company performance is likely to be a source of additional stress for employees, consider communicating to them (honestly) about how the business is responding to the new normal and consequent financial challenges, and how this might affect them.
- Encourage employees to take regular breaks during the working day including leaving the home where possible for walks and (hopefully) some sunlight. This is particularly important in winter and for those who may be experiencing Seasonal Affective Disorder.
- Encourage employees to perform their duties during their usual working hours and stick to a routine where this is possible, including exercise and relaxation. Remind employees they are not expected to be on call 24/7 and promote an appropriate balance between home and work life.
- Consider taking steps to ensure employees have “face time” with other employees which is social rather than work related. For example, some firms have found “coffee roulette” helpful whereby employees are picked at random in advance to have a (social) video call with a small group of others. This can also be a good way to ensure new connections are made between staff whose paths may not otherwise routinely cross.
- Consider additional training for managers, in particular, reminding them to be vigilant for the signs of stress and anxiety in their team, such as watching out for unexplained changes in behaviour or performance.
- Don’t overlook the additional stress placed on managers and other senior staff both in terms of managing others and dealing with their own stress and anxiety appropriately and consider whether additional support is required. Senior managers, typically being ‘A’ type personalities are the least likely to reach out for help from others. Some managers and senior staff are also likely to benefit from remote delegation training.
- Encourage employees to take their annual leave regularly (subject to any holiday policy or terms of employment). This can be a good way to prevent burn out and fatigue even if employees are not able to travel abroad. It is also likely to avoid a backlog of untaken holiday which employees then ask to take (or receive a payment in lieu in respect of) later on.
- Be mindful that although many employees report that they are more productive when working from home, the usual sources of support may not be available in the same way. Issues with IT and technology (and internet speed and connectivity) can be additional sources of stress. Managers should check in with their teams as to whether the support in place is sufficient and whether changes should be made. Some employers have found anonymous staff surveys helpful in identifying weaknesses in the IT and tech support available which may otherwise go unreported.
- There have been reports of some employers increasing employee monitoring (for example including key stroke monitoring and mouse use monitoring) as a result of prolonged home working. As well as ensuring this is lawful, including from a GDPR perspective, employers should be mindful that this can be a significant source of employee stress in itself (especially if it is implemented without engaging with employees and explaining why the employer feels that this is necessary), and they should consider carefully whether the potential benefits are likely to be sufficient to justify this, given the risk to employee wellbeing and employee relations.
- It goes without saying that employees are adults and perform better when they feel that they are trusted by their employer. Employees should be judged by the results which they achieve, their productivity and output, not by how many hours they sit at their screens for without moving. Such behavior by employers could lead to a mass exodus of employees who have enjoyed the greater flexibility afforded to them by homeworking, when the pandemic is over, if the employer is no longer open to flexible working and does not genuinely trust their employees to work efficiently and effectively from home.
- Employers should ensure that those working from home have undertaken an adequate risk assessment and taken any necessary measures to reduce unacceptable risks to ensure working arrangements are safe. Although employers are not subject to a strict legal obligation to fund purchases of equipment such as office desks and chairs for those working from home, managers should check whether staff have the correct equipment to safely and efficiently perform their duties and ensure that appropriate policies are in place and applied consistently. Sometimes simply providing a printer and additional screens can make a massive difference for a modest outlay!
- Lockdown II should be used by employers as an opportunity to improve employee relations further and not as a way of acting as Big Brother and enforcing a Nanny State on its staff unnecessarily.
- Seeing managers in their home environment, with the same worries and challenges that other staff members face, can help to break down non-essential hierarchical barriers, normalise and humanise management in their team’s eyes and create stronger team bonds and develop a greater sense of loyalty, which will reap dividends in the long term.
- Employees who feel that they have been well-supported and that their managers genuinely care about them as people will perform better and remain loyal to the business when the economy and job market eventually recovers.
