The Association of Professional Staffing Companies (APSCo) has called for clear and detailed guidance on the safe reopening of offices that includes the needs of flexible workers in its response to calls for evidence for a Covid vaccination certificate as employers gear up for a return to work.

As Tania Bowers, Legal Counsel and Head of Public Policy at APSCo, explained, staffing companies are facing challenges regarding the safe and legal return to the office for their own staff as well as a continued lack of clarity when it comes to where agency and temporary workers sit in the scope of Covid safety requirements:

“Staffing companies are facing challenges as they consider a return to their own offices, with many still unclear about the appropriate actions they should take to reopen locations, with some facing no choice but to take legal advice on the right to insist on a vaccination certificate. While our advice to members is to wait for further guidance, once the Government has decided on any policy, it is APSCo’s view that it must then seek to legislate and provide clear and detailed guidance to occupiers, employers, and landlords. Given the equality, privacy, and economic issues at stake this is not a matter for business discretion. It is APSCo’s view that certification is only workable in limited high-risk environments, over discrete periods of time and the diversity, privacy and practical risks must be fully understood and mitigated.

“Many of our members are also responsible for a large cohort of temporary workers, contractors and independent professionals working on client sites, who are not under the staffing company’s authority or control which creates a significant challenge that we have asked the Government to address. There have been issues over responsibility for the health and safety over agency workers over the last year – particularly across the education and social work sectors – including access to PPE, testing and vaccinations. Our largest members have told us that many large clients, particularly in the public sector, have absorbed their agency worker workforce into their programmes for testing and PPE, however this is by no means across the board and relying on individual businesses to make their own decisions is not a feasible plan.

“It is our view that Government guidance for agency workers and the broader gig economy workforce is too often a footnote, or worse, an afterthought post lobbying from groups such as APSCo. There is an urgent requirement for the Health and Safety Executive to take a much more proactive role in advising the recruitment sector and all users of flexible labour, the self-employed and the gig economy, in terms of leadership, policy and guidance. Agency workers and contractors benefit from having a relationship with a recruitment firm which has statutory responsibilities under the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003, but regulations on health and safety are not detailed. Any plan on the post Covid economy, including a Covid Status Certification Scheme, must put the needs of all workers, including flexible staff and independent professionals, in scope, not simply traditional employees.”

Chambers Wales are calling for a four-nation approach to the lifting of lockdown restrictions and the reopening of businesses after the UK Government, Northern Ireland and Scotland released full roadmaps for the reopening of their economies.

Many businesses have experienced economic difficulties due to the uncertainty of ongoing lockdown measures. These differing policies of reopening could cause confusion and potentially less compliance of adhering to the rules.

Businesses now accept that any indications of timings will be subject to certain factors in respect of infections rates and the capacity within the NHS, but opening a business is not just about turning the lights on. Many employers will need to secure supply chains, potentially import goods and may have to recruit staff both at home and overseas.

It is particularly hard for businesses in border counties who are quite often a street away from different regulations, as their neighbours reopen and trade whilst they remain shut and financially vulnerable.

Louise Smith is Managing Partner at The Secret Walled Garden and Monmouth Botanicals, which is located 1.7 miles away from the Wales-England border. The boutique venue in Monmouth offers accommodation, events and workshop space, and is a Chamber Member.

Louise has explained how hard it is being a business on the border when there are differing rules in Wales and England. She was in the same position twice in Summer 2020 and does not want to be again.

She said: “We had people trying to come to stay in Wales when England was in lockdown but Wales wasn’t, and last summer the disparity in regulations regarding mask wearing meant that we had different guests following different rules.

“We have to trust our customers and trust that the information they are providing us with when they make a booking is true. Realistically, businesses cannot be expected to police the general public when they’re also trying to survive financially.

“We’ve been taking bookings for April 2021 onwards and very much hope that we can honour them.”

Louise, along with many other business owners, is calling for the government to have a national approach to coming out of lockdown, and hopes that they will promote staycations and local tourism over travelling abroad in order to boost the economy.

Chambers Wales firmly ask the four-nations to provide a clear and collaborative road map to reopening, so that businesses might now begin to look forward, plan with contingencies and aim to rebuild.

Doctors are urging employers to plan for the effects of Long COVID now as cases continue to grow. Without planning how to manage the condition in advance, employers risk being left with big staffing problems.

“The Medical profession knows about post viral syndromes, but the potential scale and complexity of Long COVID is presenting new challenges” says Dr. Greg Irons MBChB MFOM, an occupational health specialist practising in London.

“The UK Government’s Office for National Statistics published data last November showing that around one in five people who tested positive for COVID-19 had symptoms that lasted for 5 weeks or longer – and one in ten people had symptoms that lasted for 12 weeks or longer” he said.

One large study recently published in The Lancet following 1,733 adults in Wuhan who were recovering from COVID found 76% of patients reported at least one post-viral symptom. More than 50% showed chest problems on scans. Other studies have shown many patients had lingering lung problems three-months after infection.

Considering that approaching 4 million people in the UK have tested positive so far (and the true number of infections is likely to be higher), employers are potentially looking at a significant number of Long COVID cases within the UK workforce.

Difficult to Prove

It is likely to be challenging for employers and doctors to navigate the complexities of Long COVID. Unless a PCR swab test was taken (and gave a positive result) at the time of infection, or specific (highly accurate) antibody testing was done in the weeks soon after, it is difficult to prove if an employee has had COVID-19 or not.

Importantly, a negative result from an antibody test does not mean an employee has not had COVID-19. Over time, antibody levels may have depleted and become undetectable. Consequently, it can be impossible to definitively confirm if an employee has had COVID-19 in the past.

Because the diagnosis is subjective and the symptoms are varied, Long COVID is reminiscent of other chronic conditions, which can also be challenging for employers to manage. Fibromyalgia, Chronic Fatigue Syndrome (ME) and some types of chronic back pain are just some examples.

There is no definitive guide for exactly how long it may take to fully recover from Long COVID. Recovery times can be different for every patient, although symptoms usually resolve within 12 weeks for most people. This will present difficulties for employers.

As far as is understood, the chances of developing Long COVID are not thought to be linked to the severity of the initial infection. Some patients report long-term problems, although were not hospitalised during the initial infection. New or ongoing symptoms can occur and can also change dramatically at any time.

Psychological & Physical Repercussions

Many patients are reporting psychological or cognitive concerns following infection, sometimes long after they have recovered.

Mike Battista, Staff Scientist at Cambridge Brain Sciences, the online platform for assessing cognitive function says “With COVID-19, the severity of cognitive impairments can vary widely from person to person. Traditional methods of measuring those problems are usually a one-off binary decision: is someone severely impaired or not? Clinicians are much better served by a continuous measure of cognitive capacity to track subtle changes over time.”

However, assessing the physical elements of Long COVID can also be very difficult. Physiotherapy can certainly help, although rehabilitation is likely to require care and support from many different medical disciplines. That is not always a straightforward process.

Consequently, rehabilitation from Long COVID may involve a multi-disciplinary approach. That can take time and requires employee consent. Primary Care, Occupational Health, Respiratory Physiotherapy and other services are likely be involved. This may well require significant patience and co-ordination, especially if it is led by an employer.

“Just because an employee has a long-term medical condition, it does not mean an employer has no options” says Magnus Kauders, Managing Director of Occupational Health Assessment Ltd, a nationwide occupational health provider. “Rehabilitation can be time consuming and tricky, but it can be done” he said.

“As a last recourse, the capability channel will remain available for employers. However, that will usually require professional insight, at the very least support from occupational health and probably specialist legal support”, he continued.

Clinicians are already suggesting that the future support for Long COVID recovery will involve a much more nuanced approached than historical approaches to rehabilitation.

It will also involve cutting-edge tools providing doctors and employers with an objective evaluation of each patient’s progress at every stage of their rehabilitation.

Although these tools to support rehabilitation are there, it still may not be an easy path for employers. “It is likely to require physical, psychological, biological and social support, possibly for many years to come” says Dr. Irons.