New! Coronavirus Regulations - Self Isolating

In England, new Coronavirus Regulations came into force on 28 September 2020, regulation 7 of which affects employers.

The Health Protection (Coronavirus, Restrictions) (Self Isolation) (England) Regulations 2020 make it an offence for an employer to knowingly permit a worker (including an agency worker) to attend any place other than where the individual is self-isolating. 

If an employer knows a worker has tested positive (and they should know, because regulation 8 states that the worker must notify the worker’s employer of the requirement to self-isolate and the start and end dates of the isolation period) OR lives with someone who has tested positive, the employer must ensure the worker does not work (or works from home). The fine starts at £1000 for failure to comply.

Rather intriguingly, the Law Society Gazette confirmed on 30 September that exemptions apply so that a person will not be breaking the law if they come out of self-isolation ‘to fulfil a legal obligation, including attending court or satisfying bail conditions, or participating in legal proceedings.’

The Gazette goes on to say that the Ministry of Justice then suggested guidance on attending court, from April, was still appropriate, which states: ‘You should not go to a court or tribunal if you’re self-isolating, have symptoms of coronavirus or are extremely vulnerable.

Posted on 7 October, 2020 by Ortolan

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