UK Riots – Considerations for Employers

Mark McKeating, Partner

In light of the widespread protests, riots and violence that gripped the UK throughout August, employers should consider what steps they can take to support staff who feel vulnerable or at risk coming into work.

Employees working in or commuting through areas affected by the unrest, may feel at risk. Many shops and businesses in town and city centres have been targeted and vandalised.

Are employers legally responsible for the safety of their staff travelling to and attending work?

By law, employers have a duty of care to take “reasonably practicable” steps to ensure the health, safety and wellbeing of employees and an obligation to assess the risks to the health and safety of employees.

Employers are also required to have effective planning, organisation, control, monitoring and review of any preventative and protective measures in the workplace. If employers are aware of potential risks and do not put any protective plans in place, they may be potentially liable to fines.

Employees could also pursue personal injury claims, if they find that the employer has been negligent in respect of their duty of care obligation.

What if an employee is concerned about their safety in getting to work?

Whether an employee is concerned that they will be attacked, because the protests have targeted their place of work, or they are concerned to commute to work, for fear that they will be attacked or discriminated against enroute, employers have a duty to ensure that no employee is placed at a disadvantage or discriminated against in the course of their employment.

Employees are further protected from any detriment as a result of their act or failure to act on the basis that they believed that they were in serious and imminent danger. This includes where employees leave or refuse to leave their place of work or in circumstances where employees take appropriate steps to protect themselves from any danger.

Employers should bear in mind the particular right-wing, anti-immigration aspect of the recent protests and should ensure that any employee from a particular religious or ethnic background feels safe to commute to and remain in the office, particularly if that is located in an area where there has been unrest. Failure to support employees who feel at risk due to their background could lead to a claim for indirect discrimination. For example, if an employer required that all employees worked in the office, regardless of their background, it could put Muslim employees at a disadvantage, as they may be at an increased risk of racial abuse or attacks, travelling to and from the office.

Business continuity planning essential

Now is a good time for employers to consider updating or amending any business continuity plan. Part of this may involve updating flexible working policies to ensure that employees are safeguarded both in the workplace and at any external social and networking events. Whether this is making sure that employees do not attend networking events alone, authorising them to invoice the business for a taxi fare home if the event does not finish until late, or having a buddy system to ensure that someone knows their colleague is safe, employers need to be aware that their duty of care may extend beyond an employee’s regular hours and work environment.

Employers must make sure that proper measures are put in place to protect employees from any potential risks. Employers should be flexible in terms of their safeguarding and risk policies and managers and HR professionals should ensure that they are up to date with news reports, government guidance and police advice near their offices. Employers should also ensure that they have business contingency plans that can be implemented quickly if any risks arise.

Checklist

To safeguard staff at risk during any unrest, we recommend that employers consider taking the following steps:

• allow employees to work from home (if possible);
• allow employees to work from a different office (if applicable);
• allow employees to start and leave work early, to avoid any potential disruption, or
• having a ‘travel buddy’ to commute to work with or paying for a taxi for whole or part of the commute.

If you have any concerns about how to support and safeguard employees or need assistance with updating your handbooks and policies, please contact us info@kuits.com or call 0161 832 3434.