If an employer identifies that higher PPE spec is required for BAME employees undertaking a particular task, is it necessary to increase the spec for all employees working in that area?

No, government advice remains that if employees can work from home, they should continue to do so in order to minimise social contact across the country in order to keep infection rates down.

The CMA is particularly concerned about certain activities, its guidance highlights:

• Exchange of commercially sensitive information where this is not necessary in response to the crisis
• Collaboration which unfairly excludes third parties
• Abuse of a dominant position (including a dominant position held as a result of the crisis) – particularly to charge excessive prices
• Seeking to maintain prices or prevent reductions in prices
• Cooperation going beyond what is necessary to respond to the crisis in the interests of consumers

Follow up to date UK Government advice. This can be found at: https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/guidance-for-employers-and-businesses-on-coronavirus-covid-19

For best practice and more detailed information; consult the HSE’s website at https://www.hse.gov.uk/news/coronavirus.htm

Failing to follow the guidance is likely to be regarded as failing to take all reasonably practicable steps.

The reality of these unprecedented times is that enforcement of health and safety legislation by the HSE (particularly through the criminal courts) in relation to Covid-19 is an extremely unlikely outcome.

The obvious option to reduce the cost of your workforce is redundancy. However, that also reduces the number of employees and therefore your capacity.