Covid, Self-Isolating and Employer Duties
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into effect on 28 September 2020. The regulations set out the obligations on an employer and their employees when an employee is required to be self-isolating.
The regulations:
- prohibits an employer from allowing a worker to attend any place (except the place where they are required to self-isolate) for any purpose connected to the worker’s employment;
- sets out the prohibition on knowingly allowing a self-isolating worker or a self-isolating agency worker to be present anywhere for work purposes, other than the place where they are required to self-isolate;
- requires a self-isolating worker to inform their employer of the requirement on them to self-isolate; and
- requires a self-isolating agency worker to inform either their employer, the agency or the principal of the requirement on them to self-isolate. It requires whoever has received such a notification to pass the information on to the two other parties.
An important point to note is that the rules apply not only to conventional employees but also to other workers. This includes agency workers.
What are the consequences?
An employer or employee who breaches these rules can be prosecuted. Alternatively, they can be issued with fixed penalty notices ranging from £1,000 – £10,000 (for subsequent breaches). A corporate body may face prosecution in addition to any officer of the company who consented to the act, was in connivance, or was neglectful.
Companies also need to carefully consider what reputational damage might be caused to their brand in the event of negative publicity or conviction.
As always, the legislation is both detailed, ever-changing and complex. If you are in any doubt as to your obligations, please get in touch with us as soon as possible.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Please note that the information contained in this article was correct at the time of writing. There may have been updates to the law since the article was written, which may affect the information and advice given therein.
[Image credit: “Coronavirus COVID 19” by https://www.vperemen.com is licensed under CC BY 2.0]
