Hello 2021, goodbye COVID-19? Navigating employment risks in a post-2020 world

Introduction
Impact of new strain
Travel restrictions
Vaccine considerations
Client and external meetings and events
Changes to terms and conditions

Introduction

Many businesses appear to be more optimistic about the economic opportunities ahead in 2021. However, with news of a more virulent COVID-19 strain spreading internationally and a continuing impact on business travel, client meetings and office attendance, companies and HR managers must continue to be proactive, mindful and practical in relation to their workforce management. This article discusses five key areas of concern for businesses and the associated practical considerations for HR managers, general counsel and senior directors.

Impact of new strain

At the end of 2020, reports emerged of a variant or new strain of COVID-19 originating in the United Kingdom (ie, VUI202012/01), which appears to be up to 70% more transmissible than previous strains.

In practical terms, this means that COVID-19 can spread faster among groups of people and seems to need less time and contact to pass between person to person. The actual virus does not appear more deadly; however, it is more contagious.

In light of the new strain, employers should:

• review their current office attendance policy and encourage employees to work from home where appropriate and practical;
• ensure that all social contact is kept to a minimum where possible, with social distancing measures remaining in place;
• remind employees that the risk of contracting COVID-19 remains and that they should continue to apply good hygiene (eg, mask wearing and hand washing) when in contact with colleagues and in communal areas; and
• continue to remind employees of best practice with regard to mask wearing and social distancing.

Travel restrictions

In response to the new strain, several countries have reintroduced travel restrictions such as banning flights from particular locations. As well as logistical challenges, there are also health risks in travelling, all of which companies should take into consideration.

Employers should:

• review travel policies and consider how the business intends to treat employees who are unable to return to work as planned due to travel restrictions. In particular, if the business intends to place employees who are unable to return to work on unpaid leave, this should be clearly set out in a policy for employees to understand. Employers should also remind employees of such policies before they undertake any overseas travel;
• keep overseas travel for business meetings limited to avoid disruption and potential impact on key personnel, making use of videoconferencing and calls instead;
• consider extra caution with employees who have recently travelled abroad (eg, perhaps requiring them to work from home for seven to 10 days from their return to the United Arab Emirates) in order to minimise the risk of any asymptomatic employees spreading the infection; and
• consider using or engaging workforces remotely, rather than requiring employees to travel to different office or client locations to perform particular roles.

Vaccine considerations

Successful vaccines to immunise against COVID-19 are already being administered in the United Arab Emirates.

Employers should:

• remember that vaccination, while a welcome step in the road to combating COVID-19, is not mandatory. It would not be considered lawful or best practice to require any employee to have the COVID-19 vaccination if they are reluctant to do so;
• consult with employees where there is a legitimate requirement for a person to be vaccinated in order to undertake their role before making any final decisions; and
• allow employees to consult their medical practitioners and make an informed choice regarding vaccination. Employers should consider whether to issue employees with guidance or a policy regarding their stance on vaccination and whether, for example, employees will be permitted to be vaccinated on company time.

Client and external meetings and events

In addition to travel restrictions affecting some countries globally, national lockdowns have been reintroduced in some parts of the world to try to limit the spread of the new strain.

At present, the United Arab Emirates has no strict lockdown, which gives companies more discretion as to how they manage client and third-party meetings.

However, employers should consider whether to issue guidance or policy advice in relation to client and third-party meetings. These events continue to carry health and reputational risks during the current stage of the pandemic.

Changes to terms and conditions

Many employers had to implement short-term salary reductions or introduce periods of mandatory unpaid leave in 2020 to address the challenges and trading difficulties caused by lockdowns and the global pandemic. The market outlook for 2021 appears more optimistic and hopefully such measures will be less common in the short to medium-term future.

Employers should:

• manage budgets tightly and be as transparent with employees as possible in respect of the business's financial performance and the outlook for 2021;
• be aware of their obligations under the UAE Labour Law when it is necessary to implement cost-saving measures, including the need to obtain employee consent to changes to contractual terms and conditions; and
• consider using the new year as an opportunity to review contracts and policies to be in the best position possible should changes need to be introduced quickly.

For further information on this topic please contact Luke Tapp, Andrea Hewitt-Sims, Ruth Stephen or Michael Chattle at Pinsent Masons by telephone (+971 4 373 9700) or email (luke.tapp@pinsentmasons.com, andrea.hewitt-sims@pinsentmasons.com, ruth.stephen@pinsentmasons.com or michael.chattle@pinsentmasons.com). The Pinsent Masons website can be accessed at www.pinsentmasons.com.