Self-isolation obligations from 29 September 2020

5th October 2020

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force on 29 September 2020. The Regulation are complex and set out rules that apply to individuals as well as to employers.

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into force on 29 September 2020.

The Regulation are complex and set out rules that apply to individuals as well as to employers.

In summary, if an individual tests positive for Coronavirus or is told to self-isolate by the Track and Trace system (or a person employed or engaged for the purposes of the health service or a person employed or engaged by a local authority) they must self-isolate. The Regulations do not apply to isolation requirements further to the new NHS COVID-19 app.

The Regulations set out the law relating to self-isolation and notification duties (including in relation to people in the same household) and also detail obligations for employers with respect to employees who have tested positive for Coronavirus.

Workers (or agency workers) are obliged to notify their employer of the fact that they are self-isolating (as soon as is reasonably practicable but in any event before the next time they are due at work). The worker (or agency worker) must provide details of the start and end date of their self-isolation period.

There are additional notification requirements for agency workers with respect to notifying their agent.

Breaches of the notification obligations without reasonable excuse will result in a fixed penalty of £50.

Once an employer is aware that a worker (or agency worker) is self-isolating, they must not knowingly allow that worker (or agency worker) to attend anywhere for the purposes of work, other than the place where they are self-isolating. This would normally mean that the only work that an employer may permit a worker (or agency worker) to carry out will be from home.

Breaches of the employer obligations without reasonable excuse will result in a fixed penalty notice starting at £1,000 for the first breach, £2,000 for a second breach, £4,000 for a third breach and rising to £10,000 for a fourth breach.

It is also an offence under the Regulations if a company is proved to have breached the Regulations with the “consent or connivance of an officer of the body”, or if the breach is “attributable to any neglect on the part of such an officer”. In this situation, the officer (as well as the company) is guilty of an offence and liable to be prosecuted and proceeded against and punished accordingly.

The Regulations will remain in force until 28 September 2021.

For further advice on this topic contact Kate Smith at Kate.Smith@tayloremmet.co.uk and 0114 218 4297.

Please note this article should only be considered as guidance and should not be taken as specific legal advice.