Social distance office
With the UK currently on track to lift all Covid-19 restrictions on 21 June, many offices will be properly reopening for the first time since the pandemic began.

With our ways of working having changed fundamentally over the past 18 months, the requirement to be Covid-secure and, for some, an increasing pressure to review costs, employers have many things to consider.

Our checklist sets out the key considerations for businesses relating to their premises, their employees and their data along with links to our guides providing further information.

Short term considerations

Rent concessions

  • Have you benefited from any form of rent concession to date and would you like it to continue? Have you approached your landlord to renegotiate?
  • Do you have an upcoming break option or is your lease soon to expire? 

Re-sizing the workplace and outside space

  • Do you need to resize? This could be to reduce your floor space as a result of a reduced workforce, or it could be to reflect home or hybrid working. 
  • Do you need to increase your floor space if your business has grown during the pandemic?
  • Are you looking to reconfigure to accommodate social distancing?
  • Have you approached you landlord to discuss what can be agreed regarding resizing and reconfiguration
  • Have you considered a sublease of part to generate additional income to pay your rent without 
    relinquishing the space entirely? Have you checked the terms of your lease to see if a sublease  
    of part will require the consent of your landlord?
  • Can you make better use of any outside space, perhaps to create outdoor meeting areas or communal 
    space for use in the summer months? Is there any additional outdoor space in or around your building 
    which you could use or repurpose? Have you discussed options with your landlord?

For more information, see our FAQs for Tenants during Covid-19.

Re-configuring the workplace and signage

  • Have you reconfigured your space to allow for socially distanced desks, one-way systems and other  
    Covid-secure measures?
  • Have you familiarised yourself with the relevant sector-specific guidance on how to work safely  
    during coronavirus
    ?
  • Do you need to rearrange existing partitions or install new ones and need the landlord’s consent to do so?
  • Will you need to make alterations (involving anything beyond partitioning) which are likely to  
    require consent?
  • Have you installed additional signage e.g. in connection with new one-way systems? Will any signage be 
    outside of your space (for example, in common parts – corridors, lifts etc.) and will require the  
    landlord’s consent?

For more information, see our FAQs on managing a safe return to work.

Common and shared areas in the workplace building

  • Will areas such as reception areas, meeting rooms and lifts in your building be used by other occupiers? 
    Has the landlord introduced new rules as to how these common areas are used to keep the  
    building Covid-secure? Have these new rules been communicated to all staff and users  
    of the building?
  • Has your landlord sought to recover additional costs via the service charge regime in your lease for any 
    new services they need to provide (for example, costs of regular deep cleaning of common parts or new 
    signage)? Have you reviewed your lease to check that such additional costs can be charged and  
    updated your budgets? 

Fire safety

  • If you have altered your space in any of the ways detailed above, have you updated your fire risk 
    assessment to reflect the new layout? 
  • Do you need to update your fire evacuation routes and assembly points too?

Water quality

  • Have you checked that the relevant legionella assessments for the water system have been carried out 
    before your staff return, even if this is the responsibility of your landlord?

Ventilation

Have you reviewed the adequacy of your ventilation systems in the light of the Health & Safety Executive’s 
latest guidance
and taken steps to maximise fresh air and improve ventilation?

 

Health data

  • Have you familiarised yourself with and implemented the ICO’s “Data Protection and employee data 
    during coronavirus – six data protection steps for organisations” guidance?
  • What employee data have you decided it is necessary to collect, e.g. temperature checks, self-isolation, 
    shielding, confirmed positive Covid-19 cases, vaccination data, workplace testing etc.?
  • Have you considered the NHS Covid-19 QR code poster? If it is appropriate will you require employees to 
    download the NHS Covid-19 app and scan the QR code upon entry? If so, how will you address the issue 
    of employees who do not wish to do so?
  • If you are planning temperature checks before employees can access the office what is the process should 
    an employee have a temperature that raises a concern? How have you communicated this process to 
    the employees? What data, if any, will you collect, process, store etc.? What support will you provide for 
    the employee in these circumstances? How will you notify any other employees who have been in close 
    proximity and what data do you hold that would allow you to do so?
  • Will you be running an onsite lateral flow testing programme or encouraging employees to take lateral 
    flow tests at home? 
  • What policies and procedures do you have in place if an employee should be contacted by NHS Test & 
    Trace while at work and notified that they have tested positive or have been identified as a close contact 
    of someone who has Covid-19? Do they know that they should they leave the office immediately and 
    report this to you? What support will you provide for the employee in these circumstances? How will 
    you notify any other employees who have been in close proximity and what data do you hold that would 
    allow you to do so?
  • If you are mandating the vaccine, implementing a “no jab, no job” policy for new employees or collecting 
    details of vaccination status, have you undertaken a Data Privacy Impact Assessment, considered how 
    you will hold this data, how long you will store it, how you will record any refusals, whether on medical 
    grounds or not?
  • What will you do if you receive confirmation about an employee’s positive test for Covid-19? How have 
    you balanced their confidentiality and right to privacy against your duty of care and health and safety 
    responsibilities? Will you inform employees without revealing the identity of the employee concerned? 
    What if other employees raise concerns and worry they may have been in close contact with the employee 
    concerned? What data will you hold, process and store – and for how long?
  • What processes do you have in place to deal with a report of unsafe practices at work? How will you keep 
    the data safe and secure, in particular to ensure confidentiality for the whistleblower?
    Have you challenged yourself to ensure the data you plan to collect is actually needed to implement your 
    measures appropriately and effectively? How will you keep this data secure? What is your retention policy 
    for such data? Do you need to update any existing policies? Have you thought about the need to review, 
    delete or anonymise this data?
  • How have you and how will you communicate your plans to hold such data to your employees? Have 
    you been clear and transparent about who you will share this information with, how long you intend to 
    keep it etc.? Do you need to update your privacy notice? What i f an employee opposes your plans? What 
    process have you put in place to resolve such a situation?

Health data (continued)

  • What are your plans to keep the situation under review as employees return to the office What if it 
    becomes apparent you need to collect additional data, or even stop collecting some data, alter a policy or 
    process? How will you ensure transparent communications with employees so they can exercise  
    their information rights should they wish to do so?

For more information, see our FAQs on workplace testing and our FAQs on vaccination.

HR policies and procedures

  • Have you reviewed and updated your risk assessment? How are you communicating the outcome of your 
    assessment to employees? Are you consulting employees on your reopening plans?
  • Do employees know what they should do if they have concerns about potentially unsafe practices at 
    work? Have you been clear that you welcome employees raising these issues via your channels? How 
    will you investigate any concerns and inform employees about any action you’ve taken? Do you have the 
    relevant resource available to do this if you are still in the return to work phase? Have you been clear that 
    employees should remove themselves from any obvious dangers, e.g. people not observing  
    safe distancing?
  • Have you reviewed pay and absence policies? Are employees clear about their entitlements and 
    obligations if they are unwell with Covid-19, test positive for Covid-19 or need to self-isolate?
  • Do you need to introduce a vaccination policy, covering time off to get the vaccine, what happens about 
    short-term side effects and your policy stance on vaccination? Are you considering mandating the vaccine 
    and, if so, what exemptions will you make (e.g. for medical or belief reasons) and how will you enforce 
    this requirement and manage the risks of claims?

For more information, see our FAQs on workplace testing, our FAQs on vaccination and  
our table of steps to mitigate the risk of employment claims on return to work.

Staffing and occupancy

  • Do you have a process for deciding which employees can return ahead of general restrictions lifting as 
    expected on 21 June? Will you require any kind of manager approval for employees to come back now if 
    they are struggling with homeworking because of their health or homeworking environment? 
  • What steps are you taking to restrict in-person gatherings and other meetings and to keep them within 
    current regulations and guidance?
  • Have you calculated your maximum occupancy level? How will desk allocation work?  
    Will employees need to book in advance?
  • Are you keeping a record of all staff working on your premises and their working times and  
    contact details, to assist NHS Test & Trace?
  • Even once restrictions lift, not all employees will be willing to return immediately. Have you considered 
    clinically vulnerable employees who may be reluctant to come to the office as they do not feel safe  
    using public transport?

For more information, see our FAQs on staffing decisions when reopening workplaces

Flexible working

  • At the moment, probably any changes in work location and hours needs to be applied for, with a set 
    process that takes into account the legal and practical issues. On location, are you prepared to say as a 
    standard approach that employees can work at home/remotely for a certain proportion of their agreed 
    working days/hours – e.g. 20/40/60% without the need to apply – i.e. employees can just inform their 
    manager of their intentions? Or with a shortened, likely to be agreed, process? And a more involved 
    process if they ask for more than the default? 
  • What minimum level of time in the office will be the default position? Have you considered your  
    unique roles and the benefits of in-person contact for those?
  • What roles will routinely have a requirement of more or less time in the office than the default? 
  • Will a change to the default position of in-office working apply to everyone? If not, who would it not 
    apply to, and how will they react if all their colleagues receive a perceived benefit of greater flexibility?
  • As part of this process, how will you deal with employees who want to work remotely far away 
    domestically (e.g. Cornwall) or from a different jurisdiction (on a temporary or permanent basis)?
  • Will the current process and thinking remain for requests to change normal working days/hours?
  • You may want to consider a future focus to be on output, rather than work hours. If so, what metrics will 
    be key generally (and separately in role specific terms) to determining the output achieved? Will this vary 
    from role to role? What is in place now in terms of output measurement? Are there any benchmarks in 
    place? Are there any roles where objective figures alone could determine this (e.g. sales?)

Looking further ahead

Office plans

  • What is the plan for your office in the future? Is it roughly as now, but perhaps more focus on face to face 
    collaboration when people are in the office?
  • Will you consult about this? Formally or informally?
  • Would you consider suburban office hubs as well as HQ offices?
  • If the idea is to majority home-work, will you help fit tout a home office What will you pay for and not 
    pay for? What about heating and consumables? 
  • Are there any plans to change the layout/use of the office space if less people will be working from it  
    full time?
  • Can employees choose to work from any different office?
  • For employees working from home longer term, how will you carry out risk assessments? Will there be 
    any measuring of working hours, controls on overwork or any other measures to help ensure  
    that employees disconnect?
  • Will you require a certain number of days in the office each week/month?  
    Will the costs of attending the office be reimbursed?
  • Will you consider exceptions to any rules about minimum office presence?
  • Will you be able to require employee presence in the office eat any time?  
    What notice will be given?

For more information, see our FAQs on working from home.

Premises exit strategy: stay or go?

  • If your lease is going to expire in the next few years, have you considered whether you are likely to want 
    to stay where you are and seek to negotiate a new deal with your current landlord? 
  • Have you considered whether you are likely to want to move to new premises, perhaps because your 
    current offices are no longer suitable. If this is the case, have you considered what the “must-haves” are 
    on your office shopping list and consulted with local agents as early as possible? 
  • Are you unclear on how much office space your business will need in the medium-to-long-term future? 
    Have you considered the use of “third spaces” to bridge any gaps between formal office working and 
    homeworking for the time being e.g. local hotels converting redundant space into serviced offices sand 
    memberships being available to regional office portfolios?
For more information, see our FAQs for Tenants during Covid-19.

Living and working from home more remotely

  • Will there be any objection if employees decide to live and work from home more remotely from the base 
    office than now?
  • Will there be any rules about proximity to the office domestically? (e.g. is it OK to go and live in Cornwall/
    Liverpool/Lake District/Scotland etc.?)
  • What about internationally? (e.g. is it OK to go and live in France/EU/Dubai/Barbados etc.?)
  • If so, what rules are likely to apply? (right to work, visas and nationality/proximity/time limits/any 
    limitations on work done, seniority etc.)
  • If you allow homeworking from certain regions domestically but not others, what is the thinking  
    behind this?
  • If you allow homeworking from certain countries internationally but not others, what is the thinking 
    behind this?
  • For remote working oversees, what is your policy on dealing with immigration, taxes and  
    social security issues?
  • Will pay or any benefits be affected if employees choose to work remotely?

Maintaining culture, sanity and career paths

  • How will the company maintain its distinctive culture, working largely remotely?
  • How will you maintain high levels of staff engagement?
  • Will there be a variety of ways staff can interact? What about office socials – what is the plan?
  • How will you deal with those who really need an office environment to thrive?
  • How will you continue to attract top talent to the business? Is there a concern that moving to a largely 
    remote working environment risks losing out on talent, particularly graduates/those at the earlier  
    stages of their career?
  • Is there a specific plan to ensure junior staff are developed properly in their careers and learn appropriately 
    from senior staff? 
  • What thoughts have you had in terms of mitigating the particular pressures that remote working  
    causes for diversity, equity & inclusion?

 

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