If it is true that it is darkest before the dawn, then a number of countries worldwide are rightly turning their minds to the possibility of easing the current lockdown arrangements.

This checklist looks at the steps employers across the world should be starting to take now to prepare for a partial or full return to work and highlights the likely short-term and long-term business issues and challenges.

Not every item listed will be applicable to all employers in all jurisdictions. However, it is hoped that this checklist will provide employers with a framework for prioritizing their next steps and preparing for the lockdown to be lifted.

01. START YOUR PLANNING NOW

  • Keep tabs on available assistance from the government, such as wage subsidies, and incorporate these into your plan, particularly the timeline for the cessation of any assistance/ subsidy (which may be extended). Early planning will help minimize the risk of having to make decisions in a hurry.
  • Plan communications with your workforce. Individual employees may have different challenges arising from a return to work (e.g., if furloughed) or from a return to the workplace (e.g., if working from home) and the process of getting employees back to work will require careful thought
  • Organize, as far as possible, an efficient return to work. The first mover advantage can be critical in enabling businesses to survive or potentially thrive at the expense of competitors.
  • Consider in advance how you will address return-to-work concerns raised by employees with special health circumstances (e.g., employees who have been identified as being at higher risk for contracting the virus) and employees with childcare issues (e.g., to the extent schools and camps do not reopen).

02. LONG-TERM DECISIONS AFFECTING STAFF

  • In close coordination with your finance team, assess your realistic future long-term staffing needs. The world economy is set to contract and, once any wage subsidy or other governmental financial support has ended, many businesses may need to consider redundancies

POTENTIAL HEADCOUNT REDUCTIONS

  • Take time to analyze the requirements of the business when considering any headcount reduction. Key questions relating to the post-lockdown business will include the following:
    • What is the likely position in the foreseeable future regarding key customers and key markets?
    • Will key customers and key markets be generating anywhere near the same level of demand for products or services?
    • Is the business likely to be constrained by a lack of supplies?
  • In analyzing potential headcount reductions, assess whether contemplated redundancies disproportionately impact certain groups within the employee population more than others to ensure that you are not violating any applicable discrimination laws.
  • Subject to local law relating to headcount reductions and the terms of any government support scheme to assist with wage costs, take steps to plan for consultation with employees, trade unions, works councils and/or employee representatives. Consultation processes can take time to conduct in accordance with the necessary legal requirements. Early planning will help minimise additional costs to the business.
  • Be mindful that employees made redundant before or shortly after the end of the lockdown period may need support. The prospects of finding alternative employment, for many, may be bleak. Consider how the process can be handled appropriately and what support could be provided (e.g., outplacement, counselling).
  • Consider whether, as an alternative to redundancies, you wish to scale back hours so that employees move onto shorter working weeks with a consequent reduction in salary. Employers may not have the power to force through a cut in hours without the consent of employees and/or employee representatives. Careful planning and preparation will be required.

EXPLORE WIDER OPPORTUNITIES

  • Consider potential opportunities in the current environment gained by being ahead of the curve. If you wish, for example, to develop an area of your operations, consider whether to carry out strategic hiring now or immediately after the end of the lockdown. Assess what areas in the business' operations can be strengthened and/or expanded, and where the recruitment would come from (e.g., external recruitment, internal promotion, retraining employees, etc.).

UNDERTAKE POLICY REVIEWS

  • Review staff policies to see how well they apply to remote working and whether the policies can be operated remotely, given the likely need for increased homeworking/ teleworking. For example:
  • Recruitment, grievance and disciplinary policies: Do these and other key policies envisage personal contact? Can such processes take place remotely? If yes, do the policies need to be updated to reflect that?
  • Sick pay and leave of absence schemes: Employers may have had far greater employee use of these schemes than previously experienced. Employers should revisit existing policies to account for such use and for potential adjustments to policies going forward. Should coverage be extended or changed? Do the requirements for medical evidence need to be adapted?
  • Homeworking/teleworking policies: Review whether you need to rebalance the split between office working and homeworking/ teleworking. Consider the future requirements of the business and the likely issues arising from extending homeworking/ teleworking (see further below).

To read the full article click here

Originally published 1 May, 2020

Visit us at www.mayerbrown.com

Mayer Brown is a global legal services organization comprising legal practices that are separate entities (the Mayer Brown Practices). The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales; Mayer Brown JSM, a Hong Kong partnership, and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Please also read the JSM legal publications Disclaimer.