Businesses may have to cover the cost of Covid tests for their employees if the mass testing scheme is scrapped here.mployment law expert Seamus McGranaghan warned companies face a legal minefield as Westminster presses ahead with its Living With Covid plan.
Robin Swann is yet to announce a change to the work from home guidance, more than a week after the Health Minister lifted the remaining pandemic legal restrictions.
Currently, firms are being asked to allow employees to work from home where possible, but there are concerns this is damaging the economy due to the vastly reduced footfall on the high street.
Mr Swann has said he wants the guidance to be “urgently reviewed” and that he is working with ministerial colleagues to “try to secure progress on this issue”.
However, there is confusion over how the relaxation of restrictions, and the possibility the mass testing programme could be scrapped, will impact the workplace.
Mr McGranaghan said employers are already experiencing difficulties.
The commercial director and head of employment law at O’Reilly Stewart Solicitors also warned some companies may have to cover the cost of lateral flow tests for employees.
He said: “If Government testing is withdrawn, individuals will likely have to purchase test kits at cost.
“There may, however, be an onus on employers to purchase or pay for testing in certain industries or business.
“For instance, in a care or nursing setting, I could see circumstances where the employer would have to facilitate and pay for private testing to protect residents or mass outbreaks in the home.
“Similarly, this could happen in close contact businesses or factories where there is a risk to the spread of infection and potential damage to the continued operation of the business.”
As for face coverings, Mr McGranaghan said he believes it is likely there will be some conflict now legal requirement has become guidance.
“I have been contacted by employers who advised some employees felt they no longer had to wear a mask in work and were refusing to do so,” he said.
“One of their employees has a positive Covid case at home.
“This had made some of their other employees uncomfortable.”
However, he said bosses can tell staff to wear face coverings at work.
“Given the amendment from regulations to guidance, employers should conduct a risk assessment on the operation of their business,” he explained.
“Employers are still required to provide a safe and healthy work environment and need to protect not only the viability of their business, but also the safety and welfare of their employees.
“Included within this risk assessment must be a careful review of Covid statistics in Northern Ireland and the existing risk with the virus.
“This is difficult to monitor given the requirement to have a PCR test has been removed.
“Although the regulations have been downgraded to guidance, there is still an onus to have regard for the guidance, which recommends the use of face masks in certain indoor settings.
“Employers should now review and update their policy following completion of a further risk assessment of their business.
“The updated policy should be made clear to all employees.”
Meanwhile, Mr Swann has moved to allay fears that free Covid tests will be axed locally after Prime Minister Boris Johnson announced England’s mass testing programme will end on April 1.
The Health Minister said: “I will not be rushed into making decisions on Covid testing based on timetables set elsewhere. I have asked officials to draw up policy options based on an appropriate, proportionate approach to testing in Northern Ireland.
“In the meantime, there will be no changes to the current approach.
“Looking ahead, testing will continue to have a role, especially in protecting the most vulnerable.”
However, it is not yet clear how testing will be funded here.
Mr Swann added: “Further discussions on funding will be required with the UK Government and Northern Ireland ministerial colleagues.”
