As we look forward to the trials and opportunities which the New Year may bring, let’s look at what we know will be happening this year in the world of employment law.

The Government made a number of announcements just before the Xmas break in light of the significant rise in COVID infection due to the Omicron variant and the consequential rise in workplace absence.

The usual rule for providing medical evidence of incapacity to work such as GP fit notes is that employers cannot require such evidence for the first seven days of absence.  During this period, employees are usually required to self-certify their absence.  However, for any period of sickness commencing between 10 December 2021 and 26 January 2022, employers cannot require medical evidence for the first 28 days.  This change is designed to increase GP capacity to support the vaccine booster programme

In the most recent temporary change to the testing regime, anyone in England who receives a positive lateral flow test result must report their result at www.gov.uk/report-covid19-result, but will not be required to take a follow-up PCR test as of 11 January 2022 provided that they have no COVID symptoms.

In addition, those who test positive for COVID-19 now have to self-isolate for seven days, rather than ten days, provided that they test negative with lateral flow tests taken 24 hours apart on days six and seven.  However, it is still recommended that they work from home and limit close contact with others for the full ten days.  Not fully vaccinated contacts (meaning those who have not been double-jabbed) of those testing positive must still self-isolate for the full ten days.

Away from COVID, over the last few months, the Government has also announced some of the new payment rates which will come into force in April 2022.  You can find the new rates for the national minimum wage, statutory sick pay, statutory maternity pay and other statutory leave in our updated guidance note here.

Please contact the team at Synchrony Law if you require any assistance dealing with COVID-related issues or managing staff with health issues.

6 January 2022

Written by Andrew Knorpel

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.