Who do they apply to?
The new Regulations apply where an adult is notified, after 28th September 2020 (other than by means of the NHS Smartphone app), that they have tested positive for COVID-19 or have been notified that they have come into close contact with someone who has tested positive.
The person notified must self-isolate. They must also notify the Secretary of State of the name of each person living in the same household.
If a child has tested positive, or comes into close contact with somebody who has tested positive then the responsible adult has to ensure compliance with the obligations for the child.
The child must self-isolate and they responsible adult must notify the Secretary of State of each person living in the same household as the child.
The period of isolation begins from the moment notification is received.
Requirement of employers
The employer of a self-isolating worker (includes agency workers) must not knowingly allow the worker to attend work or any place for any purpose related to the employment.
There are exceptions to this such as an employee is able to work from where they are isolating (if they are able), to seek medical assistance and to fulfil a legal obligation such as attend court or participate in legal proceedings (although in the latter case the person should notify the court or tribunal of the situation before attending).
Employers who fail to fulfil their obligations face fines and these start at £1,000.00.
Requirement of workers
Workers are under an obligation to notify their employer where they are required to self-isolate and when they are due to work during the period of isolation (other than if they are able to work at the place where they are isolating such as at home).
The worker must inform their employers of the start and end date of the isolation period as soon as reasonably practicable and before the worker is due to start work.
Any person who fails to self-isolate, without a reasonable excuse, commits a criminal offence.
This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek our specific advice.
