The End of the Beginning
Following the reduction in duration of self-isolation periods earlier this year, the Government announced its strategy for living with COVID on 21 February 2022.
As of 24 February 2022, all remaining legal COVID-related restrictions in England will end – self-isolation for those testing positive, contact tracing, daily testing or self-isolation for close contacts of those testing positive – all gone.
From 1 April 2022, free testing will cease for the general public. Free symptomatic tests will continue to be provided “to the oldest age groups and those most vulnerable to Covid”. Self-isolation payments will end on 24 February 2022, the right to receive SSP from day one of absence will cease on 17 March 2022 (reverting to payment from the fourth qualifying day) and claims by smaller employers under the SSP Rebate Scheme must be made by 24 March 2022.
“Until 1 April, we will still advise people who test positive to stay at home. But after that, we will encourage people with Covid-19 symptoms to exercise personal responsibility, just as we encourage people who may have flu to be considerate to others.”
“We don’t need laws to compel people to be considerate of others. We can rely on that sense of responsibility towards one another, providing practical advice in the knowledge that people will follow it to avoid infecting loved ones and others.”
But can we rely on our staff not to attend work if they have mild Omicron-like COVID symptoms which wouldn’t stop them from working? How many times have we dragged ourselves into work in the past, common cold symptoms notwithstanding, to get that urgent piece of work done or so that we didn’t lose a day’s pay.
All employers have a duty of care to their employees to minimise risks to their health and safety, including the transmission of infections. Many employers have found that they can trust staff to work from home over the last two years without any adverse impact on productivity. As many staff are asked to return to the workplace, perhaps as part of a hybrid working arrangement, the benefits of being present in the workplace should be offset against the enhanced risks of passing on an infection, whether COVID, flu or the common cold.
Employers should therefore carry out risk assessments and consider consulting with their staff on the implementation of stay-at-home policies as part of their health and safety framework – definitely a reasonable adjustment in relation to those staff who are more susceptible to severe illness as a result of disability or underlying health condition. Such a policy is likely to be less controversial where an employee can work from home. However, the matter of payment for those being asked to stay at home but unable to work from home will be an issue to be resolved.
For the unknowing asymptomatic infection spreaders and those staff who may choose to come into the workplace notwithstanding any policy which you might put in place, the provision of hand sanitiser should remain in place, together with other arrangements put in place earlier in the pandemic such as wider desk spacing and even the need to wear face coverings when in close face-to-face contact.
Please contact the team at Synchrony Law if you require any assistance dealing with COVID-related issues or managing staff with health issues.
23 February 2022
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.