Who is considered an 'essential worker' under the latest Level 5 public health restrictions?

Under the latest Level 5 restrictions which came into force on 24 December 2020, employees in Ireland must work from home unless they are classified as essential workers and their work cannot be done at home.(1)

On 8 January 2021 the government updated the list of essential workers to provide that it does not include workers who perform administrative or other support activities for businesses, unless these constitute one of the following 'essential administrative and support activities' and the physical presence of the administrative or support worker in the workplace is required:

• payroll and payment services necessary for the operation of undertakings and bodies;
• employment placement and HR services associated with the recruitment and deployment of workers who provide essential services;
• data processing and website hosting and related activities;
• security activities to assist with either or both of:
  • the delivery of essential services; and
  • the security of premises closed to the public;
• funeral, burial and related services;
• business support services, including IT and communications technology support and sales and repair and maintenance for these services where these services are necessary to support:
  • other essential services;
  • a person working from home whose business is being operated from their residence; or
  • a business that is not an essential service, to the extent required to maintain the business in operation or minimise any delay in the business resuming operation once the public health restrictions have been lifted;
• cleaning services, industrial cleaning activities and the provision of certain key third-party support provided under a contract of services where such services are necessary to support any other essential service; and
• essential health and safety training that cannot be done remotely.

For further information on this topic please contact Síobhra Rush or Audrey Whyte at Lewis Silkin Ireland by telephone (+353 1566 9876) or email (siobhra.rush@lewissilkin.com or audrey.whyte@lewissilkin.com). The Lewis Silkin Ireland website can be accessed at www.lewissilkin.com/en/ireland.

Endnotes

(1) The government guidance on Level 5 restrictions is available here.