Unrest, rioting and criminal damage has been happening throughout the UK following the horrific events in Southport in July. This has led to concerns over safety and security for employers and employees. Social media and news coverage of the event has made those participating in the unrest more recognisable which could potentially create a reputational risk for employers.
Employers’ Duty of Care
Employers’ duty of care applies to time spent commuting, traveling for work and whilst at the workplace. Understandably, some employees are going to be worried about their commute, especially if it takes them through or near to areas where unrest has already taken place.
Employers have a duty of care towards their employees, and this includes assessing risks created by certain circumstances. If a risk can be anticipated, you 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 you should be prepared to react swiftly if the situation changes, or the risk of danger escalates.
Below, we set out a number of adjustments that could be implemented to reduce the risk faced by your employees and make them feel more comfortable travelling to, and whilst at, work.
Unrest, rioting and criminal damage has been happening throughout the UK following the horrific events in Southport in July. This has led to concerns over safety and security for employers and employees. Social media and news coverage of the event has made those participating in the unrest more recognisable which could potentially create a reputational risk for employers.
Employers’ Duty of Care
Employers’ duty of care applies to time spent commuting, traveling for work and whilst at the workplace. Understandably, some employees are going to be worried about their commute, especially if it takes them through or near to areas where unrest has already taken place.
Employers have a duty of care towards their employees, and this includes assessing risks created by certain circumstances. If a risk can be anticipated, you 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 you should be prepared to react swiftly if the situation changes, or the risk of danger escalates.
Below, we set out a number of adjustments that could be implemented to reduce the risk faced by your employees and make them feel more comfortable travelling to, and whilst at, work.
Raise awareness of risk and promote safe commutes and working
- 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 for example a senior manager, 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
Take care of employee wellbeing
Employees should feel able to discuss any concerns that they have with their manager who can listen to them and signpost any further support. Remember to make sure that managers also feel supported, as they are likely to be under additional pressure.
If there is an Employee Assistance Programme in place, remind employees about how they can access it, along with any other workplace support that is available to them. It might also be possible to signpost employees to support that is in place in the local community.
It is also worth considering reminding employees of the rules regarding behaviour at work and how they can report any instances of unacceptable behaviour or harassment. Should this occur, taking appropriate action in a timely manner will show employees that this is a matter being taken seriously.
Raise awareness of risk and promote safe commutes and working
- 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 for example a senior manager, 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.
Take care of employee wellbeing
Employees should feel able to discuss any concerns that they have with their manager who can listen to them and signpost any further support. Remember to make sure that managers also feel supported, as they are likely to be under additional pressure.
If there is an Employee Assistance Programme in place, remind employees about how they can access it, along with any other workplace support that is available to them. It might also be possible to signpost employees to support that is in place in the local community.
It is also worth considering reminding employees of the rules regarding behaviour at work and how they can report any instances of unacceptable behaviour or harassment. Should this occur, taking appropriate action in a timely manner will show employees that this is a matter being taken seriously.
Adjust when, where and how work is carried out
Consider if it’s possible to change working hours or location of work so employees are not walking/travelling through any hotspots of unrest to get to work or get home. If possible adjusting opening hours at the workplace to minimise the risk of disruption. Allowing employees to work from home temporarily where feasible and re-arranging meetings that would bring more of the workforce to the workplace in areas of unrest or hold them virtually via Zoom, Teams, etc. consider cancelling non-essential business travel to affected areas and re-arrange for another time, or an alternative location, or to be conducted virtually. Remember that adjustments must be in line with employee contracts or with their agreement.
On-site safety
- Secure entry point(s) to the site.
- If faced with unrest outside the workplace, remain in the building/location (if safe to do so) and request emergency service support. If unsafe to remain, leave the building at a suitable and safe exit point.
- Be prepared to use emergency escapes should unrest impact the work location.
- Agree safe place sharing systems with business neighbours in the event of unrest occurring.
- Avoid gathering in groups when exiting the workplace in an emergency — advise staff on safe locations to move towards.
- If in doubt, contact the local police force for further advice.
Employers should remember that they have a duty to make reasonable adjustments for disabled employees. It’s important to consider any extra measures needed for employees because of their circumstances, for example those who are pregnant or who suffer with a mental health condition that could be exacerbated by the unrest.
Adjust when, where and how work is carried out
Consider if it’s possible to change working hours or location of work so employees are not walking/travelling through any hotspots of unrest to get to work or get home. If possible adjusting opening hours at the workplace to minimise the risk of disruption. Allowing employees to work from home temporarily where feasible and re-arranging meetings that would bring more of the workforce to the workplace in areas of unrest or hold them virtually via Zoom, Teams, etc. consider cancelling non-essential business travel to affected areas and re-arrange for another time, or an alternative location, or to be conducted virtually. Remember that adjustments must be in line with employee contracts or with their agreement.
On-site safety
- Secure entry point(s) to the site.
- If faced with unrest outside the workplace, remain in the building/location (if safe to do so) and request emergency service support. If unsafe to remain, leave the building at a suitable and safe exit point.
- Be prepared to use emergency escapes should unrest impact the work location.
- Agree safe place sharing systems with business neighbours in the event of unrest occurring.
- Avoid gathering in groups when exiting the workplace in an emergency — advise staff on safe locations to move towards.
- If in doubt, contact the local police force for further advice.
Employers should remember that they have a duty to make reasonable adjustments for disabled employees. It’s important to consider any extra measures needed for employees because of their circumstances, for example those who are pregnant or who suffer with a mental health condition that could be exacerbated by the unrest.
Employees refusing to come to work
Under section 100 Employment Rights Act 1996 automatic unfair dismissal occurs where the employee raises an issue connected with employment that they reasonably believed were harmful or potentially harmful to health and safety. Furthermore, employees are protected against dismissal if they refuse to come to work because they have a reasonable belief that the work or workplace poses a danger that they cannot reasonably avert. Whether or not this is the case will depend on the circumstances, but the key element here is what the employee reasonably believes. In these circumstances, discuss the employee’s situation with them, what their specific worries are and what can be done to help allay those concerns.
Premises closure as a result of unrest
If the business cannot open, the options will depend upon the specific circumstances.
Allowing your employees to temporarily work from home may be an option in some job roles. If not, and there is another location where work can be done from which is safe and reasonably reachable by your employees, ask them to work from there.
It may also be possible to agree that your employees take short-notice annual leave or use up some banked time off in lieu.
Alternatively, it may be possible to use “lay-off” if this right is reserved in your employees’ contracts of employment. This means that they are temporarily not required to work but must remain ready and willing to work. They will be entitled to Statutory Guarantee Pay during this time if they have at least one month’s service. If there is no contractual lay-off clause within your contract of employment allowing for reduced pay, employees’ agreement will be needed to implement it. If they don’t give their agreement, lay-off will need to be on full pay.
It’s advisable to attempt to find an approach that maintains employee pay given the circumstances, but this may not be possible.
Employees refusing to come to work
Under section 100 Employment Rights Act 1996 automatic unfair dismissal occurs where the employee raises an issue connected with employment that they reasonably believed were harmful or potentially harmful to health and safety. Furthermore, employees are protected against dismissal if they refuse to come to work because they have a reasonable belief that the work or workplace poses a danger that they cannot reasonably avert. Whether or not this is the case will depend on the circumstances, but the key element here is what the employee reasonably believes. In these circumstances, discuss the employee’s situation with them, what their specific worries are and what can be done to help allay those concerns.
Premises closure as a result of unrest
If the business cannot open, the options will depend upon the specific circumstances.
Allowing your employees to temporarily work from home may be an option in some job roles. If not, and there is another location where work can be done from which is safe and reasonably reachable by your employees, ask them to work from there.
It may also be possible to agree that your employees take short-notice annual leave or use up some banked time off in lieu.
Alternatively, it may be possible to use “lay-off” if this right is reserved in your employees’ contracts of employment. This means that they are temporarily not required to work but must remain ready and willing to work. They will be entitled to Statutory Guarantee Pay during this time if they have at least one month’s service. If there is no contractual lay-off clause within your contract of employment allowing for reduced pay, employees’ agreement will be needed to implement it. If they don’t give their agreement, lay-off will need to be on full pay.
It’s advisable to attempt to find an approach that maintains employee pay given the circumstances, but this may not be possible
If your employee is arrested in relation to the unrest
It’s advisable not to jump to dismissal if your employee has been arrested. Dismissing without further investigation is highly likely to be an unfair dismissal if your employee has two or more years’ service.
Try to stay up to date with what’s happening by contacting your employee’s emergency contact; as it may not be possible to contact your employee directly.
If the allegations alone are something that would cause reputational damage for your organisation this will depend on things like the nature of the business, the role your employee has and the allegations against them, then it may be possible to secure a fair dismissal at this point, for that reason, but it will still be necessary to carry out a fair procedure.
Where your employee cannot work due to being in police custody, or as a result of something imposed on them by the police (such as bail conditions restricting them from entering certain areas), then they do not need to be paid for that time.
If your employee is known to have participated in the unrest
As an employer you may worry about the impact on your business if one of your employees has taken part in a riot and evidence of this is publicly available. Alternatively, your employee may have broken a rule or policy by taking part in the unrest.
Before taking any formal action against your employee, an investigation will be needed into ascertain what has happened and further action should only be taken where there is sufficient evidence to justify it. To ensure a fair process, the employee should be made aware of the allegations against them and given adequate opportunity to respond to them.
What happens next will depend on various factors. It is possible to obtain a fair dismissal because of reputational damage caused by your employee’s actions outside of work but the reasonableness of this dismissal will depend on the nature of the organisation, the employee’s role and any link back to you, the employer, such as from a photo of them at the riot and for example if your employee was wearing their work uniform. These concerns should be shared with your employee and meaningful discussion should take place into the impact their actions could have or have had on the business, and why this causes such concern for the organisation.
If your employee is arrested in relation to the unrest
It’s advisable not to jump to dismissal if your employee has been arrested. Dismissing without further investigation is highly likely to be an unfair dismissal if your employee has two or more years’ service.
Try to stay up to date with what’s happening by contacting your employee’s emergency contact; as it may not be possible to contact your employee directly.
If the allegations alone are something that would cause reputational damage for your organisation this will depend on things like the nature of the business, the role your employee has and the allegations against them, then it may be possible to secure a fair dismissal at this point, for that reason, but it will still be necessary to carry out a fair procedure.
Where your employee cannot work due to being in police custody, or as a result of something imposed on them by the police (such as bail conditions restricting them from entering certain areas), then they do not need to be paid for that time.
If your employee is known to have participated in the unrest
As an employer you may worry about the impact on your business if one of your employees has taken part in a riot and evidence of this is publicly available. Alternatively, your employee may have broken a rule or policy by taking part in the unrest.
Before taking any formal action against your employee, an investigation will be needed into ascertain what has happened and further action should only be taken where there is sufficient evidence to justify it. To ensure a fair process, the employee should be made aware of the allegations against them and given adequate opportunity to respond to them.
What happens next will depend on various factors. It is possible to obtain a fair dismissal because of reputational damage caused by your employee’s actions outside of work but the reasonableness of this dismissal will depend on the nature of the organisation, the employee’s role and any link back to you, the employer, such as from a photo of them at the riot and for example if your employee was wearing their work uniform. These concerns should be shared with your employee and meaningful discussion should take place into the impact their actions could have or have had on the business, and why this causes such concern for the organisation.
Social media and employee comments
This situation has been exacerbated by the spread of disinformation on social media, which has fuelled further tensions and mistrust among different community groups therefore it is important that you have a social media policy in place. Posting abusive or inflammatory messages on personal social media can lead to issues for employers if they are identified on it. Making sure your social media policy has rules including use during working hours and making any references to the employer on the individual employees’ personal social media accounts needs to be in place and employees aware of their responsibilities. It is essential that employees are made aware of these rules and warned that breaching the social media policy could result in formal action including dismissal be taken with them.
If you need some people advice, get in touch with us!
Sources for this blog: BBC News, Cipd HR Inform
Social media and employee comments
This situation has been exacerbated by the spread of disinformation on social media, which has fuelled further tensions and mistrust among different community groups therefore it is important that you have a social media policy in place. Posting abusive or inflammatory messages on personal social media can lead to issues for employers if they are identified on it. Making sure your social media policy has rules including use during working hours and making any references to the employer on the individual employees’ personal social media accounts needs to be in place and employees aware of their responsibilities. It is essential that employees are made aware of these rules and warned that breaching the social media policy could result in formal action including dismissal be taken with them.
If you need some people advice, get in touch with us!
Sources for this blog: BBC, Cipd HR Inform.
