The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 came into effect on 28th September and applies to all employers and employees. This means that it applies to all compliant umbrella companies and their workers. We have been in contact with all our umbrella employees to let them know their legal obligations and ensure that they wont receive any fine.

 

Below is a round-up of what the regulations mean: 

• Under The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020,  employers have a legal obligation to ensure staff they know have tested positive for COVID-19, or have been in close contact with somebody who has, do not attend the workplace.
• These new regulations apply to all employees. 
• Failure to comply with the new law is a criminal offence and organisations and workers could face a fine of £1,000 for their first offence, rising to £10,000 for repeated infringements.
• Workers are now also required to inform their employer if they have to self-isolate, and face a £50 fine if they fail to tell their employer about this.
• This would mean employees would be required to go home – and tell their employer why – if they received a call from a contact tracer or a test result text message while at work. 
• The only form of notification which is specifically excluded is one from the NHS COVID-19 app which is in itself confusing but those are the regulations.

 

The link to the full regulations can be found here: https://www.legislation.gov.uk/uksi/2020/1045/made 

 

So who’s responsibility is it to inform and act? The regulations put a joint responsibility on both the employee and employer hence fines for both. But it might be wise to inform all employees that under the new act it is their responsibility in the first place to inform their employer if they receive a positive text result or contact from a contact tracer informing them of a positive test or the need to self-isolate then they must leave the workplace and inform you if you are the employer.

Particular attention should be drawn to Part 9. Notification of The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 in respect of Agency Workers where there is an obligation on the employer to notify the end user where the agency worker was or is due to work.