New obligations for employers and employees who test positive for Covid-19
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 are very complex and set out mandatory periods for self-isolation, and a duty to notify the Secretary of State of the names of people in the same household as anyone who has tested positive for Covid-19. They came into force at midnight on 28th September 2020 (in England only)
The important element for employers is Regulation 7 which makes it an offence for an employer to knowingly permit a worker (including an employee) to attend any place other than where the individual is self-isolating. In practice this means to allow them to attend their place of work or anywhere else on the employers behalf which is not their home address (i.e. where most people would self-isolate). This includes workers who are required to self-isolate because they live with someone who has tested positive.
Therefore if an employer knows a worker has tested positive (or lives with someone who has tested positive), it becomes responsible for stopping the worker from working (unless they can work from home). Any employer who fails to do so will face a fine, starting at £1,000.
IMPORTANTLY there is also an obligation on the employee to tell their employer that they are self-isolating (reg 8). Any individual who breaches self-isolation will, normally, commit a separate criminal offence (reg 11).
In reality this requirement is common sense but it is also now law and can attract a hefty fine if breached.
It is up to individual employers whether they introduce a specific policy or procedure to cover this new law, however it would be very wise to inform all employees in writing (email is sufficient) of the requirements should any member of staff unfortunately test positive for Covid-19 and that they must
Immediately let the employer know; and
Not under any circumstances attend the normal place of work or anywhere else on work related business during any period of self-isolation following a positive test.
It is considered that it would be reasonable to advise staff that any breach of the above will be treated extremely seriously and may according to the circumstances, lead to disciplinary action.
If you would like further help with any of the above, get in touch with your usual Continuum contact or email info@continuum-ltd.co.uk