Updated Workplace Guidance On NHS Test & Trace Scheme

The Government has updated its workplace guidance on the NHS test and trace scheme.

NHS Test and Trace service in the workplace guidance

Responsibilities for employers

The guidance stresses the responsibilities of employers to keep workplaces as safe as possible; by encouraging workers to heed notifications to self-isolate and by supporting workers in isolation.

The following categories of workers will be instructed to self-isolate:

• Where they have coronavirus symptoms and are awaiting test results;
• Where they have tested positive for coronavirus;
• Where someone in their household has symptoms or has tested positive for coronavirus; or
• Where they have been in close recent contact with someone who has tested positive and received a notification to self-isolate from NHS test and trace.

The guidance states that employers are expected to communicate with workers in self-isolation and provide support. This includes allowing home working (either their own work or alternative duties) if this is possible and the employee is well enough.

If employees cannot work from home, they must receive sick pay and be given the option to use paid leave entitlement if they prefer. As long as they meet the eligibility criteria, employees in self-isolation are entitled to Statutory Sick Pay (SSP) for every day in isolation.

The notification provided by the NHS test and trace service is acceptable evidence that someone has been told to self-isolate for the SSP rebate scheme.

Employers may need to keep their staff informed about COVID-19 cases among their colleagues but they should do so without naming the individual. Employers should also make sure workplaces are safe by regular cleaning and by encouraging good hygiene practice.

If there is more than one case of COVID-19 in a workplace, the employer should contact their local health protection team to report the suspected outbreak.

Developing symptoms

Anyone who develops symptoms will be encouraged to alert anyone who they had close contact with in the 48 hours preceding the onset of symptoms. They can choose to ask their employer to alert relevant co-workers but are not obliged to. Any close contacts (including any co-workers) do not need to self-isolate but should avoid high risk individuals and take extra care with social distancing and hygiene.

The response to a positive test result depends on whether the individual works in or has recently visited a health or care setting, a prison, a special needs school or any other setting where there is a risk of a local outbreak – in such cases a local public health expert will be appointed.

In any other cases, the NHS test and trace service will send out formal notifications to any non-household contacts. This could be a phone call, letter, email or text message. They will need to isolate for the full 14 days as it can take up to 14 days for symptoms to develop.

Close contacts

The updated guidance provides more information about who the “close contacts” are that need to be alerted. In a workplace context, this will include anyone who has had face-to-face contact (within one metre), including:

• Being coughed on;
• Having skin-to-skin physical contact or contact within one metre for one minute;
• Anyone who has been within two metres of someone who has tested positive for COVID-19 for more than 15 minutes; or
• Anyone who has travelled in a small vehicle, or in a large vehicle or plane.

The only mitigating measures which will be taken into account by NHS test and trace is the use of Perspex or equivalent screens in the workplace. Wearing PPE will not be taken into account, unless it is medical grade and employers are discouraged from buying supplies of medical grade PPE which is needed by the NHS and care sector.

Comment

As more workplaces open up and more employees return to work, employers should prepare to deal with short notice notifications from employees that they are required to self-isolate.

Employers should consider their policy and practice in dealing with employees in terms of what evidence they will require from employees and what they will pay in accordance with their sick pay policies.

Employers should also plan for contingencies involving repeated absence for self-isolation or potentially group absence for workers where social distancing is not possible in the workplace.