Specialist Employment Law Solicitors in Abingdon
For Oxford, Oxfordshire, Berkshire, London & the Thames Valley

Guidance on vaccinations and the workplace

Click here for Guidance from the CIPD on vaccinations and the workplace and here for Government guidance. You can see our news item on this here.

Latest Government Guidance on workplace working

For guidance on going to work click here.

For guidance on protecting people who are clinically extremely vulnerable from COVID-19, click here. Sheilding has now been suspended.

Update from 1 April: Public Health England has issued new guidance applying from 1 April 2021: From 1 April 2021 people who are extremely clinically vulnerable are no longer advised to shield. They may continue to be eligible for the furlough scheme, but, from 1 April, they will no longer be eligible for Statutory Sick Pay (SSP) or Employment and Support Allowance (ESA) on the basis of being advised to shield. For the guidance: click here

If employees must work from the business premises, the employer should be keeping a record of who is coming into work and the reasons why.

Workplace COVID testing

For Government guidance on workplace COVID testing click here. And do not forget the data protection implications. The ICO has published guidance on this here. There is also ICO guidance on vaccination and COVID status checks here.

Test and Trace workplace guidance

Employers should have in place back to work policies which include the implications of the NHS Test and Trace system in the workplace. The Government has issued guidance here. We can help employers think this through and amend policies and privacy notices.

Tougher isolation rules put employers and workers at risk of committing a criminal offence

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came in on 28 September 2020.

Where an adult is notified, after 28th September 2020, via the NHS Test & Trace Service that they have tested positive for COVID-19 or they have been notified that they have come into close contact with someone who has tested positive, they must self-isolate.

They must then tell their employer that they are self-isolating as soon as reasonably practical, unless they can work at the place they are self isolating (usually their home). They must also tell their employer the start and end date of the isolation period. It is a criminal offence for the employee to fail to do this.

If an employer knows a worker has tested positive (or lives with someone who has tested positive), it is must stop the worker from working (unless they can work from home). Any employer who knowingly fails to do so will face criminal prosecution and can be fined a minimum of £1,000.

These rules only apply in England.

The rules were amended in July 2021 to allow workers to attend the workplace if they have been double vaccinated and in some other circumstances.

Businesses in England need to ensure they educate their employees and managers on these rules and put in place appropriate notification procedures. Employers also need to consider the data protection implications of handling sensitive data about employees’ health.

These rules do not apply for employees receiving notification through the NHS Covid-19 app. However, they are still expected not to attend the workplace unless double vaccinated etc.

Health and safety planning in the COVID-19 environment

Businesses have drawn up a Covid-19 risk assessment with consultation with employees.

The Government has published industry specific health and safety guidance for employers here.

Statutory sick pay

On 13 March 2020, statutory sick pay became payable to those who self-isolate in accordance with public health guidance on coronavirus. Further, when this happens, SSP is payable for the first three qualifying or "waiting" days. The government changed the rules on this on 28 March 2020. The new Regulations backdate the right to SSP for the first three qualifying or "waiting" days to 13 March 2020. (The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020). The funding is available to employers with fewer than 250 employees and would be limited to two weeks’ SSP per eligible employee. In the Spring 21 budget, the government said this is a temporary Covid-19 measure intended to support employers while levels of sickness absence are high and the scheme will be closed in due course.

From 16 April 2020, those people who were shielding became entitled to SSP payments. Shielding means they are classed as extremely vulnerable and at very high risk of severe illness from coronavirus and are advised to remain home for at least 12 weeks. (The Statutory Sick Pay (General) Coronavirus Amendment) )No 3) Regulations 2020).

Entitlement to statutory sick pay was further extended on 28 May 2020 to people who have been told to isolate under the 'Test and Trace' system. (See The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations 2020.)

Update from 1 April 2021: Public Health England has issued new guidance applying from 1 April 2021: From 1 April 2021 people who are extremely clinically vulnerable are no longer advised to shield and they will no longer be eligible for Statutory Sick Pay (SSP) or on the basis of being advised to shield. For the guidance: click here

Employers can decide what they do about paying company sick pay.

New rules on holiday

On 27 March 2020, the government brought in new rules about the carry forward of holiday into the next holiday year because of coronavirus. Workers became able to carry forward holiday entitlement from their basic 4 week holiday entitlement if they could not take it because of the effects of coronavirus. The holiday can be carried forward for up to two leave years. This does not apply to the additional 8 days paid holiday entitlement which employees usually take on statutory holidays, nor to any additional contractual holiday entitlement.

The Regulations say that these new provisions apply where it was not reasonably practicable for a worker to take some or all of their 4 week holiday entitlement as a result of the effects of coronavirus, including on the worker, the employer or the wider economy or society. The government described these measures as giving employers flexibility to allow workers to carry over leave at a time when granting annual leave could leave them short-staffed and so that work can continue in the national effort against the coronavirus. See here.

The Government has issued guidance on holiday and holiday pay issues during the coronavirus crisis. You an find the guidance here. This guidance is not legally binding and it will be up to Employment Tribunals to apply the law to the current circumstances if claims relating to holiday are brought.

Tax-Free Childcare and 30 hours free childcare during coronavirus

There have been temporary changes to the eligibility criteria for Tax-Free Childcare and 30 hours free childcare, during coronavirus. For more information, click here.

Employment tribunal claims and hearings

The Employment Tribunal service has issued a Q&A document about handling employment tribunal claims during the coronavirus crisis. Access it here.
There are also new guidelines on remote employment tribunal hearings here.

Guidance on handling disciplinaries and grievances during the COVID crisis

For ACAS guidance, click here.

Working from home

WFH arrangements are an obvious way to mitigate covid-19 risks where they are possible. But don't forget about WFH implications: Does the employee have appropriate arrangements for keeping Company information secure and confidential at home? There are health and safety implications. What are the rules on using company property at home? What are the supervision arrangements? For guidance on home working from the National Cyber Security Centre click here.