By Sarah Jackman

EMPLOYERS are generally aware of the fact they have a legal duty for the health and safety of their staff while they are at work. What some organisations might not be so sure about is the responsibility they have for their employees on the commute to and from their workplace. However, there are many reasons why all employers should be well-informed when it comes to the wellbeing of their staff, and know where and when their legal responsibility begins and ends.

This topic came to the fore during the pandemic when employers had to think about their people’s potential exposure to Covid-19 if, for example, they were required to use public transport to get to work. However, the responsibilities of employers are much wider than putting measures in place to try to protect their staff from the virus, and they impact some sectors more directly than others.

The issue of staff safety while commuting is a major one for the hospitality industry given the late shifts that many employees often have to do. In Glasgow, there was a high-profile case of a female hotel worker being sexually assaulted after a Friday night shift, while she waited for a taxi to take her home. This happened after the hotel group ended a policy of paying towards taxi fares for their staff when they finished work.

And last year, East Dunbartonshire Council decided to take a stance by telling venues across their area to ensure their staff can safely travel to and from work late at night, or risk losing their licence. This move was welcomed by the likes of the trade union Unite and other campaigners who have lobbied for such initiatives for years, as well as Police Scotland.

The UK Government recently ratified the International Labour Organisation's Convention on Violence and Harassment. This creates a global framework for action to eradicate violence and harassment in the world of work – and specifically covers time commuting to and from work. Similarly, there are plans to introduce a duty on UK employers to prevent sexual harassment in the workplace. With an increased focus on the commute, the concept of "workplace" is likely to continue to extend.

There is also the environmental, social and governance (ESG) angle, particularly on the back of the COP26 climate summit held in Glasgow last year. Employers are being encouraged to promote an environmentally sound commute, with some considering a green monthly travel allowance for those who walk, run or cycle to their primary office, or a contribution to commuting costs for those using public transport.

For all these reasons, from safety to wellbeing and sustainability, the employment law focus on commuting is changing and, with more people returning to the workplace as pandemic restrictions are dropped, future-looking employers should be assessing their approach to the commute as part of their culture and values.

Sarah Jackman, Counsel, Dentons UK and Middle East LLP