The Government’s ‘Living with Covid’ plan removes the remaining domestic restrictions in England. You can read the Government Guidance here: COVID-19 Response: Living with COVID-19
On the 21st February, Boris Johnson announced the plan which outlines the lifting of legal obligations surrounding coronavirus for the public and businesses. The plan includes advice on how we can continue to protect ourselves and others from the virus.
What does this plan mean for employers? We are expecting further advice from the Government and will keep this guide updated. For the most up to date guidance, visit gov.uk .
In this guide, we will summarise the key changes to restrictions.
Key changes to coronavirus guidance
In summary, the key changes are:
21st February
Staff and students in most education and childcare settings are no longer advised to undertake asymptomatic testing twice weekly.
24th February 2022
- There is no longer a legal requirement to self-isolate following a positive test.
- Contact tracing will end.
- Fully vaccinated close contacts are no longer asked to test for 7 days following close contact with a positive case.
- Individuals who are not fully vaccinated are no longer legally required to self-isolate following close contact.
- Workers are no longer legally obliged to tell their employers when they are required to self-isolate.
- The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations will be revoked.
- Self-isolation support payments end as well as national funding for practical support, and the medicine delivery service will no longer be available.
17th March 2022
- The Statutory Rebate Scheme will close.
- You will no longer be able to claim back Statutory Sick Pay for coronavirus related employee absence or self isolation after this date.
- You have until the 24th March to submit any final claims for absence pre-dating 17th March or to amend claims you have already submitted.
24th March 2022
- COVID-19 provisions under the Employment and Support Allowance regulations and Statutory Sick Pay regulations will end.
- This means that Statutory Sick Pay will no longer be payable from the first day of sickness absence.
- Instead, Statutory Sick Pay will revert to being payable from the fourth day of qualifying sickness absence.
1st April 2022
- Free testing for the general public in England will end. However, free symptomatic testing will remain for social care staff, and for at risk groups that will be identified by the Government at a later date.
- The health and safety requirement for employers to consider COVID-19 in their risk assessments will be removed, unless the work is specifically related to COVID-19 – e.g. labratories.
- Guidance on ‘Working Safely’ will be replaced with public health guidance, in consultation with employers and businesses.
- Recommended guidance for voluntary COVID-status certification in domestic settings, and NHS COVID-pass for certain venues will be removed.
Why now?
One of the largest motivators for ending restrictions at this stage is the success of the vaccination programme, along with the reduced severity of the Omicron variant resulting in fewer hospitalisations. However, the Government will continue to monitor coronavirus so that we are prepared if new variants arise.
It is important to note that these changes convey the removal of legal obligations around coronavirus. However, the Government continue to advise employers and the public to sensibly consider the risk of transmission and act accordingly, such as staying home if you feel unwell.
What does this mean for employers?
Employers have a legal duty of care towards the health and safety of their employees. We would recommend you carry out a risk assessment and consider what these changes mean for your company, reviewing your policies and procedures. Any changes you make in response to the lifting of restrictions should be fair and reasonable to all staff, in line with the Equality Act 2010.
Employers should continue to consider the safety of employees at greater risk from COVID-19, including those whose immune system means they are at higher risk of serious illness from COVID-19.
The ‘living with covid’ plan could present a number of people management challenges for employers including:
- ensuring the health and safety of employees;
- managing vulnerable workers; and
- supporting employees with concerns about the virus.
Continuing to work safely
Since March 2020, employers have adapted to working safely with coronavirus, and we would recommend that many of the measures we have put in place to create safer workspaces will still continue to be useful:
- Hand sanitiser
- Increased ventilation
- Cleaning more regularly
- Work bubbles / hybrid working
- Mask wearing in enclosed spaces
The government will be updating industry-specific guidance on how to work safely in line with public health guidance. A notice has been temporarily added to this guidance stating “this guidance will be updated shortly to include information on the above changes. You should continue to follow the guidance to keep yourself and others safe.” We will update this guide once the updated guidance has been published.
Continuing to create safe workspaces will be beneficial against transmission, as well as reassuring employees who may feel anxious about the virus.
Managing workers with COVID-19 symptoms
It is no longer a legal requirement to isolate if you have symptoms or test positive for coronavirus. However, the Government continues to advise individuals to stay at home if they feel unwell, order a PCR test and isolate, and can choose to take a test on day 5. After testing negative for two consecutive days, they can safely return to their normal routine as the risk that they are infectious is much lower.
To prevent the spread of the virus, employers should consider ways to support employees with positive test results to stay at home. For example you could allow employees who test positive to work from home where possible. You could also consider providing sick pay regardless of statutory of contractual entitlement to minimise risk for the rest of your staff.
However you decide to manage positive cases, you should communicate your process with your staff.
Vulnerable workers
Employers should continue to consider the safety of employees at greater risk from COVID-19, including those whose immune system means they are at higher risk of serious illness from COVID-19. We recommend taking legal advice before taking any action around vulnerable workers.
Data protection
Employers must continue to follow their legal obligations around processing data in accordance with Data Protection legislation.
The ICO have detailed guidance on how to comply with data protection regulations in relation to coronavirus personal health data such as vaccination status and testing.
Communicating with staff
Employers are encouraged to communicate any changes to their policies or procedures with their workforce to ensure clarity. Many employees may continue to have concerns about the virus, and employers should listen to these concerns and mitigate them where possible by communicating the measures you have in place to ensure the health and safety of your team. This is also a good opportunity to remind employees of any employee wellbeing benefits or resources they have access to, such as an employee assistance programme.
How can we help?
Our team of experienced HR Consultants are committed to supporting our clients through these challenging times. If you would like support in managing the coronavirus at work, please do get in touch, call 0330 223 5253 to speak to our team.
