NHS Employers has issued the following advice to NHS organisations to explain their duty of care to staff during the COVID-19 pandemic response efforts.
Employers have a moral and statutory duty of care to protect employee’s health and safety and provide a safe environment to work. NHS organisations need to be proactive in protecting employees and supporting them to feel safe and secure in their employment. It is critical that employers support staff by listening to concerns, responding appropriately and reinforcing the need to follow the latest PHE guidance.
Employers also have a responsibility for ensuring staff do not work excessive hours and that they get sufficient rest – see information on the Working Time Regulations in the staff pay and terms and conditions of service section of this resource.
Employers have the same duty of care to their staff during a pandemic as in other circumstances, and should take steps to safeguard the health and safety of their staff. NHS organisations must consult with their health and safety leads, public health colleagues, occupational health colleagues and staff unions to develop a local plan to support the workforce.
Trade union safety representatives should also be involved and consulted on, in line with the statutory duty to consult them on matters relating to the health and safety of members they represent. Employers may want to encourage staff to use their reps as a route for flagging up concerns. PHE’s infection prevention and control guidance principles should be applied and reflected in local plans.
In addition to following key PHE guidance, employers will need to be mindful of staff with disabilities and review support and adjustments as needed.
It is important for employers to ensure employees have access to basic wellbeing provisions, to enable staff to maintain their own wellbeing. They should ensure wellbeing practices are reviewed and established to enable staff to:
Source: NHS Employers – Staff wellbeing and support. 18.03.20
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