Covid and Employers’ Liability

Covid-19 presents employers with unprecedented challenges, as they are faced with concerns regarding the protection of both their employees and businesses against claims of personal injury and losses as a result of the pandemic. First and foremost, employers must abide by the Health and Safety at Work etc Act of 1974, which defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom. Adapting and amplifying workplace safety has become an integral aspect of being an employer during the pandemic, yet it is accompanied by challenges which Noble Solicitors and their team of expert corporate lawyers are equipped to assist with.

As an employer, what am I liable for?

Upon consideration of the Health and Safety at Work etc Act of 1974, employers shall realise that they are liable for personal injury and loss experienced by employees, should they neglect their duty of care to employees. Thus, employers must adapt their work environment and employee roles appropriately during the pandemic, in order to avoid claims made against them.

As an employer, how can I take measures in the workplace to protect myself?

As an employer, it is of utmost importance to consider the implications of Covid through use of appropriate risk assessments, in order to prevent claims in the workplace. With current government and ACAS (The Advisory, Conciliation and Arbitration Service) guidance in mind (accessed via https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19), these risk assessments should place the health and safety of employees above all else, thus complying with and enforcing all guidance, be that regarding social distancing, appropriate use of PPE and guidance for employees on how to use PPE effectively.

Additionally, employers can find 14 industry specific guides on the government website, such as regarding construction, performing arts and research facilities, in order to understand their industry and the respective health risks thoroughly.

If a claim of personal injury and loss is then brought against an employer, provided that that employer can prove that they undertook an adequate risk assessment, based upon the government guidance, and enforced suitable and sufficient measures, the employer should then be in a good position to defend claims made against them. Risk assessments should additionally be kept under constant review, based on changing government guidance.

Employers are obliged to maintain adequate communication with their employees regarding the health risks which may arise in their line of work. It is advised that employers make information regarding Covid and it’s risks accessible to employees, should they require further explanation.

Should an employer require assistance in preparing for potential claims made against them, Noble Solicitors are on hand to guide and advise.

Employers’ Liability Insurance

As an employer, it is essential to review their Employers’ Liability insurance policy, in order to protect themselves against potential claims made in light of a breach in their duty of care. Employers should check that they have an insurance policy in place and should contact Noble Solicitors if they require guidance with this.

Contact us

Should you have any concerns, or have any other health and safety queries with respect to your duties as an employer working during the pandemic, please do not hesitate to contact Noble Solicitors on 07000 81 82 83 or by emailing info@noblesolicitors.co.uk

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