What Nottinghamshire’s Tier 3 Covid-19 Restrictions Mean For Business Owners & Employees

It has been confirmed by the Government and local authorities that from 00.01am on Friday 30^th October, Nottinghamshire will be placed under tier 3 coronavirus restrictions.

It was initially thought that the tier 3 restrictions would only apply to southern parts of the county – Nottingham city, Rushcliffe, Gedling and Broxtowe – but following an increase in Covid-19 case in other parts of the county, the restrictions will apply to all of Nottinghamshire.

What are the Nottinghamshire tier 3 restrictions?

The tier 3 restrictions will mean that:

• Nottinghamshire residents cannot socialise with anyone outside of their household or support bubble indoors or at most outdoor hospitality venues.
• Residents are allowed to meet with others they do not live with in groups of six in outdoor public spaces, such as parks.
• Non-essential travel outside Nottinghamshire is also discouraged, unless it is for work or education purposes, or caring responsibilities.
• Auction houses, car boot sales, betting shops, tattoo parlours and piercing services, and saunas and steam rooms will be forced to close. However, hairdressers and barbers can stay open.
• All cafes, restaurants, pubs, bars and social clubs are forced to close unless they serve substantial meals (defined as “a main lunchtime or evening meal” or a main course). However, hospitality businesses which are required to close are permitted to operate a delivery and/or takeaway service.
• Alcohol is not permitted to be sold after 9pm in shops, but can be sold until 10pm if it is purchased “in hospitality venues where accompanying a substantial meal”.
• Gyms, dance studios, sports courts and swimming pools can say open, but it is “strongly advised” that group indoor classes do not go ahead.
• Public buildings (e.g. libraries, town halls, community centres) can remain open to run activities, such as childcare and support groups, but cannot be used for private hire, birthday parties and other social events.
• “Indoor entertainment and tourism venues” will have to close, but cinemas, theatres, concert halls and ice rinks can stay open.

A review into the restrictions will take place after four weeks.

Anyone aged over 18 who is found to be contravening these rules will be fined £200 for the first offence, which will then double for any further offences up to a maximum of £6,400.

The tier 3 restrictions will understandably have wide ranging implications for employers and their employees in the county. Below, we have answered some questions on what the restrictions mean for Nottinghamshire businesses and workers.

Nottinghamshire tier 3 restrictions – implications for employers and employees

Should people still be going into the workplace?

When announcing the three tier system at the start of the month, the Prime Minister said a full second national lockdown, whereby schools and businesses closed and people were told to stay at home, would not be “the right course” of action.

Despite being placed in tier 3, people living inside and outside Nottinghamshire can continue to travel to work if they cannot work from home, as it is deemed to be essential travel. However, employers with employees who can work effectively from home should do so over the winter months.

Fundamentally, this means businesses who brought their employees back to the workplace will have to revert back to their staff members working from home if they can. Nottinghamshire employers should ensure their teams are able to work from home effectively as its likely employees will be encouraged to work remotely until Spring even if tier 3 measures are relaxed.

Should employees who have to self-isolate receive statutory sick pay (SSP)?

With the national infection rate increasing and the rate of cases in Nottinghamshire remaining high, it’s likely that more and more businesses will have to deal with members of their teams having to self-isolate over the coming months.

If an employee is able to work from home as normal while they’re self-isolating then they should receive normal pay. However, if this is not the case and they’re unable to work from home, they may be entitled to SSP, provided they meet one of the following conditions:

• The employee, someone they live with, or someone in their support bubble has Covid-19 symptoms or has tested positive;
• They’ve been notified via the NHS Test and Trace system that they have been in contact with someone with coronavirus;
• They’ve been told by a medical professional to self-isolate before going into hospital for a surgical procedure; or
• They’ve been advised to take extra precautions as they are deemed as high risk, i.e. they’re shielding.

If an employee can’t work from home but feels well enough to work, they may prefer to use their paid annual leave entitlement instead of claiming SSP. However, this must be agreed by both the employer and employee.

What about employees who were due to come back from furlough leave?

Understandably, this news might affect employers who were planning on bringing staff back from furlough leave when the Coronavirus Job Retention Scheme (CJRS) ends on Saturday (31st October). Therefore, it’s imperative that business owners familiarise themselves with the new Job Support Scheme (JSS) that was introduced by Rishi Sunak last month and has recently been updated.

The new scheme will be in place for six months from 1st November (ending on 30th April 2021) and aims to protect viable jobs in companies who are facing reduced demand or are legally required to close due to Covid-19 restrictions over the winter months (e.g. auction houses, betting shops, tattoo parlours, saunas, etc.).

Businesses facing decreased demand (JSS Open)

For employers who can remain open but face reduced demand, the JSS will allow them to retain employees in a job on reduced hours, instead of making them redundant. The support available will operate as follows:

• Employees work a minimum of 20% of their normal working hours, which their employer pays them for as normal.
• For the remaining hours not worked (up to 80%), the employee will receive 66.67% of their pay – 5% of which will be paid by the employer (up to a maximum of £125 per month) and the remaining 61.67% by the Government (up to a maximum of £1,541.75 per month).
• The employee will receive at least 73% of their normal working pay, where they earn £3,125 a month or less.

Businesses are able to top up their employees’ pay (at their own expense) above the two-thirds contribution if they wish.

Employers and employees have to both agree to the new working arrangements, and the business will need to notify employees in writing of the arrangements in place, which will amount to a temporary variation of employees’ employment contracts (this also applies to the JSS Closed).

Businesses legally required to close (JSS Closed)

For Nottinghamshire employers who are by law required to close due to the tier 3 restrictions, the JSS will provide financial support during the period that they are legally required to be closed for by paying two-thirds of their employees’ normal working pay to a maximum of £2,083.33 per month per employee. This is paid by their employer initially but fully funded by the Government. Again, the employer can choose to pay over the two-thirds amount if they wish to but any additional amount is paid at the employer’s own expense.

Workers may be entitled to receive additional financial support, e.g. Universal Credit, on top of the pay they receive through the JSS Closed.

JSS grant payments

The grant payments businesses will receive via the JSS will not cover Class 1 employer National Insurance (NI) or pension contributions – these will still have to be paid by the employer.

Businesses can claim the JSS Open and the JSS Closed grant at the same time for different workers. However, a business cannot claim for one employee under both the JSS Open and the JSS Closed at the same time.

Employers will still able to claim the one-off Job Retention Bonus payment of £1,000 for formerly furloughed employees who remain in their job roles until at least February 2021.

These are extremely difficult times for employers and employees in Nottinghamshire and the financial impact of the county being placed in tier 3 is likely to be significant. Employers should take steps now to communicate with their teams, while monitoring reliable news sources for updates and further detail.

Details regarding the financial package for affected Nottinghamshire businesses and employees is expected to be revealed shortly.