The Living with Covid-19 plan – HR implications

The Government has published its plan for “living with Covid-19” in England. The last remaining restrictions, including the legal requirement to self-isolate following a positive Covid-19 test or as an unvaccinated contact of someone with Covid-19, will be dropped. We have summarised the changes below.

• The rule to self-isolate after a positive coronavirus test has been lifted

The biggest change was that from Thursday 24^th February the requirement to self isolate changed. There is no longer any requirement to self-isolate following a positive test for anyone in England, whether or not they have been vaccinated.

Employees are longer legally obliged to tell their employers if they have a positive test. In a recent poll, four in 10 Britons (37%) say they are likely to go to work following a positive Covid-19 test result.

The law will instead become guidance, with people being urged to act responsibly to reduce the spread of Covid-19 and stay at home.

Whether the person is vaccinated or unvaccinated, there will no longer be a need to test for seven consecutive days if they’ve been in contact with a positive case, and do not wish to isolate and unvaccinated people will no longer need to remain at home if they have been.

• Contact Tracing

Routine tracing of contacts of positive cases ceased from 24^th February, however, those who have a positive test are encouraged to inform close contacts.

• Testing

The provision of free testing will cease from 1^st April and the Government will no longer provide free Lateral Flow tests to the public.

• SSP Rebate Scheme will end

The Government has announced that the Statutory Sick Pay Rebate Scheme will close on 17th ‌March‌‌‌ ‌2022. Employers will no longer be able to claim back Statutory Sick Pay for their employees’ coronavirus-related absences or self-isolation that occur after ‌17‌‌‌th March‌‌‌ ‌2022.

Employers have until 24‌‌‌th ‌March‌‌‌ ‌2022 to submit any new claims for absence periods up to 17‌‌‌th ‌March‌‌‌ ‌2022, or to amend claims they have already submitted.

After then, there is a return to the normal SSP rules, which means employers should revert to paying SSP from the fourth qualifying day their employee is off work regardless of the reason for their sickness absence.

• Staff who are clinically vulnerable

There is no doubt those who are clinically vulnerable will have concerns about these changes.

Employers will still need to ensure the workplace is a safe environment and review their safety measures in place, for example the continued use of face masks, hand sanitisers etc. Risk assessments will be needed for those who are at high risk. This may include allowing staff to continue to work from home.

What are employer’s options?

There is now a greater likelihood and risk that employees with attend work with COVID-19, especially from 1st April when free testing ends. This could place vulnerable workers at risk, and possibly cause an outbreak, with associated impact on productivity.

What do employers need to consider?

1. There remains the duty to provide a safe place of work and employers will need to balance living with coronavirus and ensuring the safety of their staff. Employers will need to update their risk assessments and decide whether they wish to retain some of the coronavirus safety measures in the workplace, such as social distancing and face-coverings, that they may currently have in place. If employers previously removed some of those measures, given the removal of the remaining restrictions, employers may wish to consider putting them back into place.
2. Employers should also make sure they explain the risk assessment to employees and communicate what steps have been taken to make the workplace COVID-secure. This will be essential for employee engagement and also for re-assuring employees (including vulnerable employees) who may be reluctant to return to the workplace.
3. Staff will be able to attend work with Coronavirus – as they can with a cold. Therefore, employers may wish to put their own measures in place which will be based upon conversations with their staff. Employers will need to put into place clear policies.
4. Where possible, staff who test positive can work from home.
5. Employers may wish employees to follow the guidance and stay at home if they test positive for Covid-19 or display symptoms. If the employee with Covid-19 feels well and wishes to attend work, but the employer wants the person to stay away from the workplace (where homeworking is not possible) the employer will need to pay them their full pay.
6. If employers wish to enforce lateral flow testing after 1^st April, the employers will need to pay for the tests.
7. It will be important to ensure that managers understand any concerns raised and give careful consideration as to what steps can be taken to support individual employees.
8. If employers who only offer statutory sick pay are going to dissuade employees from coming into work following a positive test, they may need to consider introducing enhanced company sick pay. If doing so, employers can introduce it for a temporary period – be very clear about this to employees.

If you need any support with managing ‘living with covid’ in your workplace, Hill HR would be happy to help. Please contact us.