In a pandemic, life won't be normal. Both you and your staff need to be able to respond flexibly to the different scenarios a pandemic may create.

Before a pandemic affects your workplace, plan with your staff about what will enable you to keep your business open for as long as possible or, if you are an essential service, to remain open right through the pandemic. Identify how you can eliminate, isolate or minimise the risk of infection in your workplace.

If you arrive at solutions not covered by your current employment agreement, you and your staff must negotiate any changes in good faith. You need to allow your staff time to consider and respond to any proposals.

If your employment agreement with your staff provides for them to work in alternative ways (e.g. working from home) you can require them to do so in accordance with their employment agreement. However, if you agree that a staff member can work from home you will need to identify whether his or her home is a safe workplace as it will then become a 'place of work'. This requirement also applies if you have people in the workplace doing work they don't normally do, or are working in ways they don't normally work - you need to make sure they can do that work safely.

The health risks posed by a pandemic could be severe. While you need to involve your staff in discussions on how to work safely, ultimately you as an employer are responsible and need to ensure that all practicable steps are being taken to maintain a safe and healthy workplace. Maintaining health and safety is an implied provision of all employment agreements, impacting on both employers and staff. An employment agreement's content cannot undermine a staff member's health and safety.

This advice is given as a guide. Employees and employers are advised to seek their own advice depending upon the circumstances they face.