How Should Employers Respond As Remaining Covid-19 Restrictions End?

Earlier this week the Prime Minister announced that the legal requirement to self-isolate following a positive Covid-19 test would be removed from Thursday, 24 February, along with self-isolation payments for those on low incomes.

Employers are now being urged to remain cautious and vigilant to ensure that they uphold their legal duty to keep employees safe at work.

What has changed?

The entitlement to statutory sick pay from the first day of Covid-related absence has been removed. This means that those ill with the virus will only be paid from the fourth day they are off work as with any other illness.

Free Covid-19 lateral flow tests and PCR tests will also be axed on 1 April, with the public and organisations asked to buy their own tests if they require them. Last month alone, the testing programme approximately cost the UK £2 billion.

How will these changes impact employers?

As mentioned previously, it is no longer a criminal offence for workers to leave their homes and/or attend their workplaces while positive with Covid-19. Also, as the free PCR and lateral flow tests will no longer be available from the start of April, it is unlikely that workers will be testing themselves before going into work. It is likely that attitudes towards Covid-19 will now change with many individuals viewing Covid-19 like they do the flu or a common cold.

With this in mind, it suggests employees who are testing positive for Covid-19 or with mild Covid-symptoms might be coming into work. It is likely that only individuals who have serious and/or debilitating Covid-symptoms will take time off work, similar to the flu.

These changes will obviously raise difficult issues and decisions for employers, especially if individuals attend the workplace when positive with Covid-19. It is understandable people might feel uneasy about coming into work if one or several of their colleagues have Covid-symptoms or actually have Covid-19. Employers need to ensure that they strike a balance between actually living with Covid-19 and also ensuring the safety of their staff.

Employers may also want to review their existing policies so they can adapt to the changing Covid-19 environment.

What steps should employers consider in light of the restrictions ending?

Employers should continue to follow the Government’s working safely during the coronavirus guidance, as this will help reduce the risk of complaints and claims by staff who are unhappy with the changes.

The removal of the legal obligation to self-isolate does not prevent employers from having their own rules or adding to their existing policies if they choose to do so. For example, if appropriate, employers may say if an employee is displaying Covid-symptoms then they will be required to work from home for a period of time.

In essence, when deciding what measures to put in place, employers must consider the principles of what is fair and reasonable, alongside respecting that many staff members, perhaps more so those with vulnerabilities, will still be very concerned about coming into the workplace.

Employers may also ask their employees to continue testing if an individual is displaying Covid-symptoms (these tests will have to be provided and paid for by employers after 1 April 2022) and continue to encourage employees to be vaccinated. Additionally, businesses could ask workers to continue wearing face-coverings, hand washing, and other safety measures that may reassure staff that the workplace is safe.

It is ultimately down to employers how they implement these changes in their workplace. It is advised that employers review existing policies, monitor the mood of the workplace, and continue to adapt to working and living with Covid-19.