In 2022, many employees who worked remotely during the pandemic have returned to the office. Restrictions and regulations on working safely in the face of COVID have largely ended. In many ways, the world seems to have gone back to normal.
But the rapid changes to the workplace over the past two years have put a significant strain on employee relations — and many organisations will continue to see disputes and even litigation going forwards.
In this article, we’ll discuss some of the main areas where disputes might arise and the actions employers can take to mitigate risks and keep their employees happy.
Top areas where disputes may arise
The post-COVID workplace is a very different place to the one we left behind in 2019. Employee expectations have changed across the board, and businesses will need to react to this to retain staff, avoid disputes and remain competitive.
Here are some of the areas where disputes may arise in the post-COVID workplace:
1. Workplace safety
Many employees are still concerned about COVID. Some may be clinically vulnerable or live with those who are. Others might be unvaccinated or just worried about catching a virus that is very much still circulating.
Although the specific requirement to consider COVID safety in the workplace is no longer in place in the UK, businesses still have a responsibility to provide safe working conditions for their workforce.
2. Long COVID disability
According to ONS data, 1.5 million people in the UK have had their day-to-day activities adversely affected by long COVID. The long-term effects of COVID-19 are still not fully understood, but it’s possible that some people could still be affected months — or even years — after contracting it.
And in June this year, an employment tribunal found in the case of Burke v Turning Point Scotland that long COVID amounted to a disability under the Equality Act 2010. This means that employers who fail to provide reasonable adjustments to employees working with long COVID could face disputes or even claims for discrimination.
3. Remote and hybrid working accommodations
During the early stages of the pandemic, thousands of employees across the UK shifted to remote work. While this required an adjustment, many have gotten used to this arrangement and now prefer it to in-person work.
This means that companies who refuse to accommodate their employees’ remote and hybrid working requests could face disputes from unhappy employees.
What can employers do?
So, what can employers do to avoid disputes and keep their workforce happy in the post-COVID world? Here are a few tips:
1. Set up a grievance policy
All organisations should have a formal grievance process in place so that employees know the steps they need to take if they have a complaint. A grievance policy provides an additional step for employees to take before taking their problem to an employment tribunal and often means that disputes can be peacefully resolved internally.
A grievance policy should include:
- Who the employee should contact if they have a complaint
- The employee’s rights in the case of a grievance
- Timescales for the grievance procedure so employees know what to expect
- How decisions will be made concerning the grievance
- How employees can appeal any decisions made
2. Conduct a thorough COVID-19 risk assessment
Conducting a thorough COVID-19 risk assessment and making changes to your workplace helps to reassure those employees who are still worried about the virus that you are committed to keeping them safe. Possible changes to the workplace might include:
As of April 2022, companies are no longer required to consider COVID-19 in their risk assessments. However, with many employees still concerned about COVID, it’s a good idea to ensure your workplace is set up to protect your employees.
- Improving ventilation
- Reducing close contact between employees and with members of the public
- Thorough cleaning and disinfecting of common areas
- Provision of masks or other PPE
- Provisions for testing or vaccination
It’s also a good idea to consult with your employees or their representatives when you’re putting together your COVID-19 safety plan. This can help to reassure them that you’re taking their concerns seriously — which could mean a reduction in disputes and litigation down the line.
3. Respond fairly to flexible working requests
While there’s no legal requirement to allow employees to work remotely, employees who have been employed for at least 26 weeks do have the right to submit a flexible working request.
And employers that don’t consider these requests fairly could face disputes, particularly where clinically vulnerable employees and those with vulnerable family members are concerned. In the case of employees who are suffering from long COVID, it could even be considered a reasonable adjustment under the Equality Act 2021.
To avoid problems, employers should respond to flexible working requests using the ACAS Code of Practice. Among other things, this means giving the request fair consideration, responding to it within a reasonable timeframe, and considering other options if the request isn’t possible. If a flexible working request reaches an employment tribunal, judges will take the fact that Acas guidelines have been followed into consideration.
4. Double down on communication to get ahead of the problem
Many workplace disputes arise because employees feel that they are not being listened to by their employers. And in many cases, problems could be solved before they arise by a well-thought-out, well-executed communications strategy.
Your comms strategy should not only give your employees information about the actions you’re taking to keep them safe, but also provide spaces for them to give their honest feedback and flag any problems for your attention. This helps employees to feel heard and reduces the need for formal disputes.
5. Leverage employee listening techniques to understand your workforce
Incorporating employee listening strategies into your communications is also a good idea. This usually involves using tools like polls and surveys to better understand your workforce and improve the employee experience by gathering data on their concerns, wishes and opinions throughout their lifecycle.
While this data is usually kept anonymous to ensure that employees feel comfortable giving their honest feedback, it can give you valuable insights into the overall feeling on the ground in your organisation. This gives you the opportunity to step in and mitigate any problems before disputes arise.
Seek conciliation, not litigation
In May 2020, the Cabinet Office released guidance that called on companies to use negotiation, mediation and other methods to resolve disputes with counterparties — including employees — without resorting to litigation.
While the situation has changed, this advice remains valid. Taking a conciliatory approach and avoiding litigation when possible can not only help employees but protect shareholder interests and the company’s bottom line as well.
In 2022, the focus should be on building a positive culture, developing effective communication strategies, and improving the employee experience. When employees feel heard, valued and appreciated even when raising a complaint, you have a much better chance of successfully resolving issues internally without the need for expensive and time-consuming tribunal proceedings.
