On 28th September, the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force.
The Regulations require all workers to notify their employer if they are required to self-isolate and they are due to undertake any work from a location that is not where they are self-isolating. This will usually be the employee’s home, so the Regulations would prevent employees from attending any other place to work including site meetings, client offices as well as the employer’s location.
Obligation to self-isolate
The Regulations require self-isolation where an employee is informed by an NHS or Local Authority worker or representative that:
- they have tested positive for Covid-19 such that they are within an isolation period;
- they have had close contact after 28 September with someone who has tested positive such that they are within an isolation period; or
- a child (under 18s) for whom the employee is responsible has tested positive such that they are within an isolation period; or
- a child for whom the employee is responsible has had close contact with someone who has tested positive such that they are within an isolation period.
The Regulations also refer to further potential notifications from the Secretary of State as yet unspecified.
Generally, an employee with Covid-19 is required to self-isolate for a period of 10 days from the date of receipt of the positive test result. An employee who has come into close contact with somebody who has received a positive test result for Covid-19, must self-isolate for a period of 14 days from the later of (a) 5 days before the date of the close contact’s positive test result, or (b) from the date on which the close contact first reported symptoms of Covid-19.
Obligations of Employer
Under section 7 of the Regulation, an employer cannot knowingly allow a self-isolating employee to attend any place other than their isolation location for any purpose related to the worker’s employment. If an officer of any business consents to a breach that obligation or if any breach is attributable to their negligence, then that individual officer and the business will have committed a criminal offence.
Obligations of Employee
Under section 8 of the Regulation, a self-isolating employee who is (a) aware of the requirement to self-isolate and (b) due to work during the self-isolation period other than at their designated isolation location, they must notify their employer of a requirement to self-isolate and the start and end date of the isolation period. Any breach of this obligation is a criminal offence subject to a fine.
Fines for breaking self-isolation rules
Fines for both employees and employers breaking the new self-isolation rules range from £1,000 to £10,000. Under section 7 of the Regulations, it is also an offence for employers to knowingly allow one of their workers or agency workers to work anywhere other than where the person is self-isolating. This means that employers who know their employees should be self-isolating will be responsible for preventing them from working (except where they can work from home).
Talk to an employment solicitor who can help with your options.
Being prepared and having a range of options that are legal and acceptable to staff going forward, is the responsible thing to do.
A good employment solicitor will help human resource managers, and business owners get the right processes in place to ensure there are no legal mistakes being made.
Speak to Justin Sadler, Employment and Contract Solicitor at Barrett and Co Solicitors LLP Reading, on 0118 958 9711 or email [email protected]andCo.co.uk.
I have recently used Barrett and Co Solicitors for a multiple legal issues needing to be resolved and also creating a will. I found them to be very good and professional, the majority of the work being carried out by Juliette Spanner who has very knowledgeable, professional and courteous. From my experience I will be using them in the future again.
8th August 2021
There are so many positive things I would like to say about Barret & Co. For me to do that would take too long. I will say, however, that Barrett & Co provided a first class service that resulted in a very positive & successful outcome . The service we received was akin to the service you would expect from a large city solicitor. If you are looking for a professional efficient multi discipline solicitor ,then I strongly recommend that you look no further. Thank you Barrett & Co ,with a special thank you to Jane Whitfield, for all that you have done for us & for taking away all the worry.
4th August 2021
It is our first time to purchase a property in UK and we are not clear about the details and trick in the conveyancing process. We are lucky to have Piers and his team, Emma and Fatima to handle our case. Like everyone who want to complete the deal before the stamp duty holiday, we keep pushing the schedule. They are very responsive and patient to our enquiry. Instead of just "close the deal", they provide very professional advice to those critical issues on the tile. While protecting our interest in the legal point of view, they facilitate the process to meet the target schedule too. Piers' team did a amazing job. Highly recommend.
27th June 2021
I'm very grateful to have Barrett and Co as my solicitor for purchasing a house recently. Thanks to Piers and his colleagues for their responsive actions and efficient works. Very impressed that they often give me timely update on the overall status, also the detailed and prompt replies regarding my questions. Highly recommended!
16th June 2021
Barrett and Co handled my divorce and other related matters between July 2019 and May 2021. I felt well-supported throughout my case, and was treated with the utmost empathy and understanding through a difficult time. Aadil Khan managed my case during the last few months and was instrumental in securing a fair outcome for me. I was provided with timely, professional and targeted guidance, which helped me navigate a complex case. Thanks for all your support!
10th June 2021
I made a Will with the aid of Barrett & Co solicitors LLP and ,more recently, I added a Codicil. On each occasion I was treated with the utmost respect and I was given very sound advice. This firm also assisted in the sale of my house in a very efficient way. I highly recommend this firm for all legal needs.
11th May 2021