Employment Legislation

Living with Covid Plan

Legislation

Living with Covid Plan

Due Date

Published 21 February 2022

Summary

The recent ‘Living with Covid Plan’ set out by the prime minister means big changes to how Covid is managed in the workplace. But how will this impact your business?

In general, the new guidance puts emphasis on the employers to manage the health and safety of their employees, rather than the rules being set by law. Here’s a breakdown of the changes.

Covid policy changes at a glance:

From 24 February:

  • People who test positive for Covid-19 will no longer have to self-isolate.
  • Those who’ve been in close contact with someone with Covid will no longer have to take tests for seven days, nor self-isolate if
    unvaccinated.
  • Self-isolation support payments, national funding for practical support, and medicine delivery service will no longer be available.
  • Tracing those who’ve been in contact with someone with Covid will end. Therefore contacts will not have to self-isolate or take daily tests.
  • Individuals are not obliged to tell their employers when they have Covid.
  • The government are revoking The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations.

From 24 March:

  • There will be no Covid-19 provisions within the Statutory Sick Pay and Employment and Support Allowance regulations. This means employees won’t get SSP on the first day they are off ill with Covid.

From 1 April:

  • The Covid-status certification will no longer be needed in domestic settings and it’s no longer recommended that certain venues
    use the NHS Covid Pass.
  • Testing – including lateral flow tests and PCR tests – will no longer be free.
  • Covid-19 considerations will no longer be required in risk assessments.
  • ‘Working Safely’ guidance is no longer available and has now been replaced with ‘Reducing the spread of respiratory infections,
    including COVID-19, in the workplace’.

What employers will need to consider

  • Without the legal requirement for Covid sufferers to self isolate, what message do employers want to send their employees about
    staying off?
  • Now that tests won’t be free, will they want to supply testing kits to employees to help manage the spread?
  • With removal of SSP payments from day 1 of being ill with Covid, workers who are ill might come to work and potentially spread
    Covid to their colleagues. How do employers manage this?
  • Should employers still encourage employees to self-isolate, and how can they communicate this if it’s not a legal requirement?
  • Should employers track which employees have Covid (now that contact trace is ending) – and how can they do this?
  • Should employers take Covid off their risk assessments?

Employment Law Guide

Do you know when the latest complex legislation changes come into effect? And are you aware of the work required to ensure your business is fully compliant? This guide includes advice on…