CORONAVIRUS - 21.02.2022

The end of mandatory self-isolation?

Once the self-isolation rules in England are lifted, expected now to happen by the end of February 2022, it will no longer be a criminal offence for workers to attend their workplaces whilst COVID positive. Although public health guidance may well be updated to advise workers to stay at home if they have COVID symptoms or test positive, this would be guidance only and wouldn’t be legally enforceable. In addition, if free LFT or PCR testing kits are no longer to be generally available, workers are less likely to test anyway so might not even know they’re COVID positive, particularly if they’re asymptomatic or have only very mild symptoms. The overall result is likely to be that there will be an increase in workers who have COVID attending the workplace.

A removal of the self-isolation laws will mean that the burden shifts to you to consider what approach you will take, and what policies or rules you will implement, to deal with COVID transmission in the workplace. You still have a duty to protect the health and safety of your workers, particularly those who are clinically vulnerable. So, you’ll need to strike a balance between living with COVID and ensuring the safety of your staff. It’s recommended that you continue to follow the government’s guidance on working safely during COVID . In addition, consider putting your own policies or rules in place to reduce the risk of COVID spreading in your workplace. For example:

• if homeworking is an option, requiring workers to work from home for a specified period of time if they either test positive or have COVID symptoms
• encouraging, or requiring, the wearing of face masks in the workplace, or when moving around the workplace
• encouraging, or requiring, the practising of social distancing in the workplace
• keeping in place other control measures to reduce the COVID risk
• purchasing your own LFT home test kits for staff (if free kits are no longer available).

As part of deciding on your approach, consider refreshing your COVID risk assessment once it’s announced that the law is changing.