New Self-Isolation Rules: What the Employer Needs to Know
August 16th 2021 marks a landmark moment in the self-isolation rules implemented to help manage the coronavirus pandemic in England. As of this date, close contacts of someone who has tested positive for coronavirus will not have to automatically self-isolate for 10 days, provided they are fully vaccinated or are aged under 18 years 6 months. This is a huge development for employers who have had to manage the impact of significant numbers of employees being identified as close contacts resulting in significant staff shortages and often severe disruption to the business.
Here is an insight into what the new self-isolation rules mean for employers:
What self-isolation obligations now apply if an employee tests positive?
There has been no change to the self-isolation obligations for employees who test positive. They are required to self-isolate for 10 full days after the date their symptoms first started, or from the date of their positive PCR test, whichever is earlier.
What self-isolation obligations apply if an employee displays COVID symptoms?
Employees who display any COVID symptoms should immediately go home, arrange to take a PCR test and self-isolate while they await the results. ‘Symptoms’ of coronavirus according to the NHS are deemed to be (1) a new continuous cough; (2) a high temperature; or (3) loss of taste or smell.
Do employees have to inform their employer if: (1) they have been contacted by NHS Test & Trace; and/or (2) if they are alerted by the NHS COVID-19 App that they are a close contact of a positive case?
Employees are only legally obliged to notify their employer if NHS Test & Trace informs them that they are required to self-isolate. From 16 August 2021, there will be circumstances where NHS Test & Trace is in touch with an employee but it is then identified that the employee is exempt from self-isolation due to their vaccination status. In these circumstances, employees are not required to notify their employer.
How can employers determine an employee’s vaccination status?
The new rules place the spotlight on an employee’s vaccination status and raise the question of what an employer which is where both employment law and data privacy considerations come into play. Employers must be aware that health data is highly protected as special category data.
The issue is likely to come to the fore in respect of employees who choose to notify the employer that they have been identified as a close contact, or there is a positive workplace case where the employer needs to identify who should self-isolate as a close contact. Here, the employer will be unable to confirm/identify who needs to self-isolate without knowing individual employees’ vaccination status.
Employers should only obtain details of employees’ vaccination status when that data is required to manage specific self-isolation requirements, it may be possible for employers to point to a lawful basis for processing that data in order to determine who is required to self-isolate. The data must be processed in accordance with the data protection principles.
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End of UK Lockdown: Employees Rejoice While Employers Wonder, ‘What Does Workplace Safety now look like?’
On the 22nd of February 2021, the UK Government published its original "Roadmap out of Lockdown" for England, which was initially due to see a "cautious but irreversible" lifting of all legal limits on social contact by the 21st of June 2021. England's Roadmap out of lockdown was divided into four key steps, each step triggered various restrictions being eased subject to the prevailing data on COVID-19 available at the time.
As of the 19th of July 2021, the UK Government has updated its guidance on workplace safety as England moved to step 4 of its roadmap which resulted in the lifting of most covid-19 restrictions. The previous 14 guides to working safely previously distributed have now been replaced by six new sector specific guidelines. Guidance on social distancing, working from home and reduced occupancy has now been dropped and replaced with six priority actions:
- Risk Assessment: There is still a requirement to complete a COVID-19 health and safety risk assessment and to keep this updated. Given that a significant amount of time has elapsed since many businesses and employers first implemented a COVID-19 specific risk assessment, existing risk assessments may need a substantial update.
- Adequate Ventilation: It is still being emphasised that providing adequate ventilation is key to limiting the spread of the virus. This can either be natural ventilation or mechanical, such as fans and ducts or a combination of both.
- Cleaning: Cleaning more frequently still remains a priority, therefore employers should continue to ask members of staff and members of the public to use hand sanitiser to clean their hands regularly.
- Face Coverings: While legal requirements around face coverings have been removed, it is still expected that face coverings will be worn in crowded and enclosed spaces and that businesses should consider the use of face coverings, particularly in indoor areas where they may not come into contact with people they do not normally meet.
- Self-Isolation: Employers and businesses should still turn away people with COVID-19 symptoms and respect requirements to self-isolate.
- Communication: Communicating requirements and training also remain important as does making sure that risk mitigation measures relating to workers who are particularly vulnerable are maintained.
Statements relating to employees working from home is notably absent from the above six priority actions. The government sate employers should continue to support employees working from home where possible however the government expects and recommends a gradual return to the workplace over the coming months.
Equally, references to 2 metres of social distancing have been removed from the previous guidance however it is emphasised that COVID-19 can still be spread through social contact and that reviewing layouts, using screens or barriers or encouraging back-to-back or side-to-side working will remain helpful from a risk mitigation perspective.
Overall, there is a marked change in emphasis compared to the previous guidance. References to making the workplace covid-19-secure have been removed. The reference to "stop the spread" has changed to "reduce the risk", "minimising risk" has changed to "reducing risk", "make your business safe" has changed to "make your business safer", and "you must consider the recommendations" has changed to "you should consider the recommendations".
So what should businesses and employers do next?
Given the high prevalence of the COVID-19 Delta variant in the UK currently many offices are seeing a reduced number of employees wishing to return to the workplace. This has meant that many office based employers have chosen not to significantly alter their current working from home practices in the short-term. With the possibility of additional restrictions being reimposed later this summer or in the autumn, businesses and employers should prepare for the possibility of needing to reimpose some of the restrictions they may have had in place previously.
For now, businesses and employers should start to update their COVID-19 risk assessment to help them gain a better understanding as to what they need to do as part of Step 4 of the Roadmap and continue to keep informed of updated guidance from the Government and review their Covid Secure policy to ensure it reflects the new guidance. - View a sample of the Covid-19 Secure Policy here.
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Care Home Workers & Mandatory Vaccinations: The New Regulations
On the 13th of July 2021, Greece and France made COVID vaccination mandatory for healthcare workers, following the precedent set by Italy. Now, the UK is the next to make the COVID vaccine mandatory for workers in Care Quality Commission-registered homes.
Until recently the UK authorities have not made the Covid-19 vaccination compulsory for any citizens, however on the 22nd of July 2021, regulations were approved in relation to the Health and Social Care Act 2008 . The Act makes it compulsory for a person working or providing professional services in Care Quality Commission-registered care homes to be fully Covid-19 vaccinated, unless they have a medical exemption. The purpose of this regulation, which will only apply to England and come into force on the 11th of November 2021, is to better protect care home residents from death and serious illness.
This regulation will apply to all workers employed directly by the care home or care home provider (on a full-time or part-time basis), those employed by an agency and deployed by the care home, and volunteers deployed in the care home. Those coming into care homes to do other work, for example healthcare workers, tradespeople, hairdressers and beauticians, and CQC inspectors will also have to follow the new regulations, unless they have a medical exemption. The clinical exemption will be clarified in the Code of Practice that will be issued to accompany the Regulations at the end of July 2021. The regulations do not apply to visitors of care homes.
There will be a 16 week grace period from the 22nd of July for all care home workers to be vaccinated, with the 16th of September being the last date for care workers to get their first vaccine so they are fully vaccinated before regulations come into force. The government estimates that by the time the vaccine becomes compulsory, approximately 87% of the workforce will have received both doses.
Employers that fall under these new regulations are highly advised to start putting measures in place so as the regulations can be implementded by 11 November. The steps should include introducing a Covid-19 Vaccination Policy, which includes the medical exemptions that will be acceptable and evidential requirements. The policy should be introduced after discussion with staff. If employees/workers are still reluctant to have the Covid-19 vaccine then you will need to take steps to look at whether they can be redeployed to other areas of the business or even dismissal. Employers forced to dismiss an employee in this circumstance should do so before 11 November 2021, being mindful of any notice periods.
Bright Contracts has recently been updated to include a vaccine policy which covers these consideration points for our customers to include in their employee handbooks, which can be found under the terms and conditions tab. If you wish to download a trial of the software to have a look at a sample of this content, you can download the software here.
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