‘Change or fail’ must be the message for Scots businesses – John Lee

Firms should be prepared for seismic shifts in working practices when employees return as the lockdown eases, writes John Lee

John Lee, Partner, Ledingham Chalmers LLP

Scotland’s First Minister has announced her vision for our economy’s gradual release from the choking grip of Covid-19. The first phases of the plan commences on 28 May. The fine details understandably remain uncertain and conditional and the future is opaque. How now do we resuscitate the burning embers of our economy, charred by Covid-19?

Working life will not be the same. The adage “change or fail” has rarely been more apposite. There is no facet of working life in any sector, nor any corner of any office, left untouched by the impact of coronavirus. So, what could change?

Flexible working: The lockdown forced many businesses to not only try, but to rely, on home working as their backbone operating model. This is no panacea to all of the ills of Covid-19 but this has proven successful in many instances.

Employers are already experiencing grievances against previous decisions to refuse requests for home working and those who seek to regress back to life simply ‘as it was’ can expect challenges.

It is likely, for example, that discrimination claims will arise from parents, and not only women, returning to work post-childbirth. Males might conceivably take umbrage at refusals if women are permitted home working in similar circumstances for the same employer.

For employers too, tightening budgets and the realisation that home working can reduce premises costs, inevitably makes this approach attractive. Some have opted already not to renew or take leases previously earmarked by them.

Safe working and PPE: We will see greater reliance on PPE equipment specifically targeted at office hygiene, etiquette and safe working. Expect hand sanitisers easily accessible and the requirement to justify physical meetings. There might be new visitor protocols. Some offices are planning ‘traffic maps’ and indeed traffic bans between floors as they wrestle with two metre distancing and footfall.

Travel and shifts: Proposals for travelling to work remain unclear, but there are likely to be knock-on effects for timekeeping and absence rates, particularly as there may be a reluctance to return to previous norms. Tied to this is the delicate balancing of floor spacing and social distancing. In response, employers may restructure shift patterns or, at the very least, the requirement for on-site attendance. It is widely acknowledged multi-site operators will see intra-company travel needs (within and outside the UK) significantly reduced. The successful use on a wider scale of web-based technologies has influenced this.

Business development: Curbed by the dual forces of cost reductions and social distancing, networking and client entertainment is likely to be hugely reduced. Hopes of rescuing the events season for this year have all but evaporated. Again, staunch justifications may be insisted upon if any events are permissible in the short to mid-term.

Testing: Some employers may seek to introduce regular testing of employees as a means of meeting their obligations to provide a “safe place of work”. Careful policy and organisational considerations will be needed when it comes to approaching this, not least because of GDPR concerns given this information amounts to “sensitive personal data” for data protection purposes.

Health and safety-related claims: Employees already enjoy robust health and safety-related protections under UK law. However, with a greater focus on specific Covid-19-related measures, it is inevitable that the territory for disputes shall widen. Employees might reasonably take the view measures and arrangements are taken are inadequate.

All of the above in themselves represent seismic shifts in working practices.

It is unavoidable that this combination will have cultural repercussions. Face-to-face dialogue and employee interactions will reduce; personal intra-organisational exchanges will decline; customer and client interface will change. New concerns will haunt individuals and employers. It is possible that generational splits could arise. Take for example, the older employee who is now less comfortable in rubbing shoulders on a daily basis with party-going younger colleagues.

Which employers will flourish? Those who seriously consider reasonable risk minimisation processes in all that they do; who are innovative in their reactions to the culture challenges presented; who adopt and harness clear communication strategies; and who quickly grasp the opportunities for change in these exceptional times. Times to “change or fail” indeed.

John Lee is an Employment Partner with Ledingham Chalmers