Law firms must consider how to implement social distancing, among other things.

 

As the U.K.'s Coronavirus Job Retention Scheme went live, public debate shifted to when and how the lockdown could be eased. So far, the government has been keeping its counsel on this point – so employers are naturally looking to other countries further ahead of the curve for a clue about what's to come. The pandemic's initial origination in Asia provides an opportunity for western-based employers to preview what a return to work might look like.

Prepare for additional waves

A secondary spread of the virus seems almost certain, with the U.K. government modifying its criteria for easing the lockdown to add a tacit acceptance of this inevitability. Singapore provides an important case study. Singapore's first wave of the virus arose out of the significant travel to and from China around the Chinese New Year.

Quick action largely succeeded in limiting the initial spread, but a second wave came as individuals returned to Singapore from Europe and the United States.  Then, in spite of government intervention, a third wave flooded the city, seeing close to 1,000 or more new cases each day for weeks as the virus spread through high occupancy workers' dormitories.

Employers considering a return to work must therefore plan for the likelihood of additional waves of the virus. This means ensuring your business continuity plans are up to date, incorporate recent events, and are sufficiently adapted to address potential future lockdowns, aggressive social distancing, and/or other tactics.

Moreover, a return to work in phases will also help to hedge some of the risks associated with immediate increases in the virus.  Employers should also communicate to employees the possibility of future furloughs or other modifications to the employment relationship, and consider establishing a contractual right to do so.

Companies are installing foot-operated doors, placing Plexiglas between work-stations, staggering start times, and taking other steps to reduce the possible spread of contagion.

Also, social distancing is here to stay – at least for a while. In Asia, companies have been creative in addressing and adapting social distancing principles to their own workplace.

In China, one manufacturer is requiring employees to eat in designated spots, to face the same direction when eating, and to use separate tables from one another. Some Korean employers prohibit eating lunch across from one another and maintain video conferencing to reduce face-to-face interactions. 

Other companies are installing foot-operated doors, placing Plexiglas between work-stations, staggering start times, and taking other steps to reduce the possible spread of contagion.  Whatever the approach taken, it should be tailored to the company's worksite risks and incorporate any lingering local legislation.

Is WFH here to stay?

Given the numerous lockdowns, global employers were forced to adopt working from home strategies (where possible) to maintain business continuity. Companies grappled with the practical administration of such a program, including ensuring appropriate access, equipment, and security. They also had a crash-course on legal compliance issues, such as with disparate rules for reimbursement of home office expenses across jurisdictions. 

A cautious and staged approach to re-opening the worksite has the advantage of allowing employers to test social distancing strategies in advance of full staffing to ensure their compatibility and effectiveness.

Ultimately, it is still too early to tell, even in Asia, the long-term impact of the new familiarity with remote working. It seems safe to say that working from home is likely to remain an ongoing option for many months to come.

Even when restrictions were lifted, employers in China have been reluctant (or unable) to re-open at 100% and many employees were reluctant to return. A cautious and staged approach to re-opening the worksite has the advantage of allowing employers to test social distancing strategies in advance of full staffing to ensure their compatibility and effectiveness. 

On the other hand, further extending work-from-home serves to further entrench workers in a newfound familiarity with (or perhaps even preferences for) that convenience. Any U.K. employers who have thus far resisted permitting working from home may find it difficult to put this genie back in the bottle.

In the medium term, we anticipate an increase in flexible working applications as tens of thousands of employees experience the flexibility that only a portion of the workforce previously enjoyed. Employers may find it difficult to resist these applications on grounds of practicality if business continuity has been successfully maintained for weeks already.

The return to work will continue to require employers to manage ahead for reduced cash-flow, supply chain impediments, diminished business opportunities, and other risks.

Watch the bottom line

The economic impact of COVID-19 is uncertain and some industries have seen extensive impact while others have not. That pattern is likely to continue through the recovery, particularly as later waves have an unpredictable effect.

In any case, the return to work will continue to require employers to manage ahead for reduced cash-flow, supply chain impediments, diminished business opportunities, and other risks. In Asia, as in the West, employers are and continue to assess and revise compensation structures, headcount, and benefits. Making these changes rapidly and in response to international challenges will keep HR and other people professionals busy for some months to come.

Asia's experience with the virus has provided some helpful tips for what many western companies may see as they now begin to emerge from government-enforced lockdowns.  But, the process has only just begun, and U.K. employers should continue to look to international experiences for insight into how to face these novel issues.

Trent Sutton is the office managing shareholder of Littler's Singapore office. Raoul Parekh is a partner with employment law firm GQ|Littler in London.

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