Bridge HR articles
05 Oct Some Useful Tips On Dealing with Self-Isolation in the Workplace
Rules on self-isolation have changed, as we set out in our Blog post of 11th August: https://blog.bridgeehr.co.uk/articles/what-do-employers-need-to-know-about-the-changes-to-self-isolation-rules
To recap, from 16th August:
The following with apply to those who are under 18 years and 6 months old or who are fully vaccinated (both doses plus 2 weeks)'::
- No requirement to self-isolate:
- No requirement to Inform their employer:
- No obligation on the employer to verify vaccine status or store this health data:
- NHS Test & Trace will still contact the individual to make them aware and will verify their vaccine status: and
- They will be strongly recommended to take a PCR test, but not be required to do so
From 16th August – those who are unvaccinated or who have only had one dose or have had their second dose but only within the last two weeks:
- Will have to self-isolate for the required time - this is still a legal duty: and
- The rest is still the same as currently stands before August 16th:
*This includes, those who have taken part in or are currently part of an approved COVID-19 vaccine trial; or are not able to get vaccinated for medical reasons.
Some ‘Tips’ to help manage this
To help minimise the impact of self-isolation, whilst not falling foul of employment law or breaching employees’/workers’ rights, we suggest the following: -
- Ensure your risk assessments take into account your vulnerable employees - particularly those unable to take a vaccination, and consider how they may be impacted by the change in rules. Proactively discuss this with them to avoid them feeling unsafe and staying away from work, and look at ways to help them overcome any fears they may have. Bear in mind that they also have to get to and from work in a world which has become less safe for them, and include that in your discussions;
- Encourage staff to be fully vaccinated (whilst being very careful not to discriminate). Employers might consider the following: -
Paid time off for vaccination appointments;
Paying staff their usual rate of pay if they're off sick with vaccine side effects, instead of Statutory Sick Pay (SSP): and
Not counting vaccine-related absences in absence records or towards any 'trigger' system the organisation may have - If an employee informs you that they have been contacted by NHS test and trace, and they are NOT exempt, they will still need to self-isolate. Ask them to provide you with an isolation note and go to https://111.nhs.uk/isolation-note/check to check it is a valid one. This simple step discourages people to use the isolation process for some extra days off;
- Consider paying a higher rate of sick pay for staff who have been vaccinated (or are exempt) for Covid-related sickness absences, being careful to avoid discrimination here - any policy would need careful drafting:
- Have clear reporting procedures notified to staff. Ensure they telephone if they need to be absent and speak with management, as well as conducting back to work interviews. The more procedures staff have to go through, the less likely they are to try to take advantage of the system for some extra days off:
- Make it clear to employees that any self-isolation due to travelling abroad will need to be taken as either additional holiday or as unpaid leave. There is no entitlement to SSP and thus the employee assumes the risk if they choose to travel abroad: and
- Ensure that your workplace is as Covid-secure as reasonably possible, and communicate this to your employees. The most effective way to keep employees/workers in work is for them to feel safe when they are there.
Posted by Emma Grace
Throughout her career, Emma has advised on a wide range of employment law issues for both Claimants and Respondents, including representing clients in Tribunals. Emma has a wealth of experience in corporate support matter too and has also undertaken work for the Solicitors Disciplinary Tribunal