How advisers may have to reshape their business post coronavirus

It is very unlikely that it will be safe for employees simply to return to working as before. 

As well as contractual obligations, there is a daunting array of legislation in this area, including the Health & Safety at Work etc Act 1974, the Management of Health and Safety at Work Regulations 1999, the Workplace (Health, Safety and Welfare) Regulations 1992, the Personal Protective Equipment at Work Regulations 1992 and the Control of Substance Hazardous to Health Regulations 2002.

To summarise these briefly, employers must take all reasonable steps to:

• make a risk assessment tailored to the workplace and workforce on  the dangers of Covid-19 infection and other potential health risks (for example, mental and physical health for remote workers);
• set up a safe system of work based on that risk assessment; and 
• make sure that the safe system is followed. 

Failure to comply could result in criminal prosecution, up to and including corporate manslaughter charges, as well as civil liability. 

Forward planning

Wise employers will be starting to plan now. 

The official social distancing guidance (which is likely to remain in place for some time) is that people should keep at least two metres apart and, where this is not possible, protective equipment should be used. 

Common features of pre-pandemic office life pose obvious risks: for example, tightly spaced desks, hotdesking, sharing office equipment, packed lifts, narrow corridors and small meeting rooms. 

It is very unlikely that it will be safe for employees simply to return to working as before. 

In many cases, it will be necessary for home working or other remote working arrangements to continue for at least a proportion of the workforce at any one time. 

Special consideration will need to be given to particularly vulnerable employees. 

New working protocols, cleaning regimes, ventilation systems and protective measures will need to be considered.

Employers should also review whether employees will be able to travel to and from work safely, particularly on public transport. 

Measures could include remote working, staggered working hours and expanding facilities for cycling or running to work. 

Particular thought will have to be given to how employees interact with clients and prospective clients.  

Continued use of video-conferencing platforms is probably wise where possible. 

However where face-to-face meetings are required, they are more likely to be in dispersed locations, such as hotels and conference facilities.

Careful consultation with employees will be advisable to ensure effective implementation of such changes and to ensure that employees are convinced that the system of work is safe. 

Employment law considerations will loom large for financial advisers coping with business preservation in the coming weeks and months.