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A. It’s understandable that your clients are concerned about the unrest that’s happening at the moment, and it raises a number of issues of safety and security for individuals and property. Employers have a duty of care towards their employees and this includes assessing risks created by certain circumstances.
If a risk can be anticipated, they should take all reasonable steps to reduce or remove that risk. The risk assessment will be different depending on certain factors including the work location and whether there are employees whose job involves travelling to other premises.
It will be necessary to keep a close eye on developments, and your clients should be prepared to react swiftly if the situation changes or the risk of danger escalates.
The following could be considered to make working safer where your clients’ businesses have been affected by the recent unrest:
- Make it clear to employees that they should not put themselves in a situation that could be dangerous or at risk of harm
- Designate a single source of communication about safety – a senior manager, for example – who is responsible for messages about the situation and use a reliable means to communicate with staff to update and advise as the situation changes
- Provide employees with information about surrounding areas to help them plan a safe route to and from work
- Check local police force websites for updates on impacted areas prior to travelling
- Tell employees who are due to visit clients or other premises to phone ahead to confirm whether any risk is posed at that location and re-arrange visits where appropriate
- If commuting and using public transport also check with the British Transport Police and transport providers
- Call 101 and get advice from the local police force on any areas where civil disturbance is occurring
- Ask employees who are out and about to keep in contact with head office to let them know they have arrived safely at their destination or to be in regular contact with a designated person
- Tell employees who are driving to keep their doors locked at all times to prevent unauthorised entry when stopping at junctions etc.
- Tell employees not to walk alone wherever possible and not to go anywhere or do anything which they feel would put them in danger.
They should also bear in mind that they have a duty to make reasonable adjustments for disabled employees and consider any extra measures that need to be taken for employees because of their circumstances, for example, pregnant employees.
What if an employee has been arrested?
Firstly, this is not a reason to automatically consider dismissal. Dismissing without further investigation is highly likely to be an unfair dismissal if the employee has two or more years’ service.
Being arrested does not mean that the employee has committed a crime. The key for your clients first steps is to try and get more information about what has happened, and how it impacts their ability to perform their role. Dismissal may be an option, but a full and fair procedure will need to be followed.
Whilst the employee is in police custody, or subject to restrictions that mean they cannot work, they do not need to be paid.
