The Health Protection Regulations
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (the "Regulations") came into force on 28 September 2020. Amongst other things it imposes an obligation on individual:
- to self-isolate where they have been advised to do so by the NHS track and trace system
- where they, or someone they live with, has tested positive for COVID-19
- they have had close contact after 28 September with someone who has tested positive such that they are within an isolation period
- a child (under 18 years) for whom the employee is responsible has tested positive such that they are within an isolation period
- a child (under 18 years) for whom the employee is responsible has had close contact with someone who has tested positive such that they are within an isolation period.
Close contact means:
- having face-to-face contact with someone who has tested positive for covid -19, at a distance of less than 1 metre, including being coughed on, having a face-to-face conversation within one metre, having skin-to-skin physical contact, or contact within one metre for one minute or longer without face-to-face contact
- spending more than 15 minutes within 2 metres of an individual
- travelling in a car or other small vehicle with an individual or in close proximity to an individual on an aeroplane.
Where an interaction between 2 people has taken place through a perspex (or equivalent) screen, this would not be considered enough contact, if there has been no other contact such as any of those indicated above.
The above is from the Government guidance information located at here.
The above government guidance states “If you are in contact of someone who has tested positive for COVID-19, then you will be notified by the NHS Test and Trace service via text message, email or phone. ……….If you have not been notified that you are a contact, this means you do not need to self-isolate and should follow the general guidance, for example, social distancing, hand-washing, and covering coughs and sneezes”.
Regulations
Under Regulation 8, of the above Regulations, where the worker falls within the requirement to isolate, they must notify their employer of this as soon as reasonably practicable and in any event, before the worker is next due to start work within the isolation period. A breach of the isolation rules by the worker could result in criminal penalties for the worker.
Upon receipt of a communication by the worker of requiring to isolate, under Regulation 7, the employer must not knowingly allow the worker to attend any place other than where the worker is required to self-isolate, for any purpose related to the worker's employment. Any employer who fails to do so will face a fine of at least £1,000.
Same household
Also, there is an obligation to notify the Secretary of State of the names of people in the same household as anyone who has tested positive for COVID-19.
The self-isolation period starts when an official notification is received by the person who is required to self-isolate and the period of isolation should be made clear when informed to isolate but in board terms an individual would be required to self-isolate for a period of 10 days from the date of receipt of the positive test for Covid-19.
Where a person was in close contact with somebody who has received a positive test result for Coronavirus, then the Government guidance states that “If you live in the same household as someone with COVID-19, stay at home for 14 days. The 14-day period starts from the day the first person in your house developed symptoms or, if they do not have symptoms, from the day their test was taken. If you do not have symptoms of COVID-19 yourself you do not need a test. Only arrange a test if you develop COVID-19 symptoms” (Source: .gov)
The article is provided for general information purposes and for further guidance or assistance contact our advice-line team on 01455852028.
