The NHS Test and Trace in the workplace guidance has been updated to reflect the changes to the self-isolation rules in England that took effect from 16 August 2021. From that date, individuals do not need to self-isolate if they have been officially notified by NHS Test and Trace that they have had close contact with someone who has tested positive for COVID-19 and any of the following apply:       

• they are fully vaccinated against COVID-19, i.e. they have been vaccinated with an approved COVID-19 vaccine in the UK, and at least 14 days have passed since they received the recommended doses of that vaccine
• they are below the age of 18 years and six months  
• they have taken part in or are currently part of an approved COVID-19 vaccine trial 
• they are not able to be vaccinated for medical reasons.

Exempt workers who are identified as a close contact of a positive case are advised to take a PCR test as soon as possible, but this is not a legal requirement. However, if they go on to develop COVID-19 symptoms, they must then self-isolate and arrange to take a PCR test regardless of their vaccination or exemption status – the relaxation in the self-isolation rules applies solely to identified close contacts.

Employers can currently commit an offence if they are aware of a worker’s legal requirement to self-isolate and, without reasonable excuse, they knowingly allow them to attend their workplace or any other place for employment-related purposes (other than their place of isolation). To support this provision, where a worker is due to work for their employer during their isolation period other than at their place of isolation, they must notify their employer of the requirement on them to self-isolate, plus the start and end dates of their isolation period. This notification can be given in any format, but it must be provided as soon as reasonably practicable and, in any event, before the worker is next due to start work within their isolation period.

Where a worker is now exempt from the self-isolation obligations, they no longer need to inform their employer where they have been advised that they are a close contact of a positive case, and employers are not expected to check whether a worker is exempt from self-isolation. The employer also commits no offence if a worker who is a close contact of a positive case continues to attend, or is required to continue to attend, their workplace where they are exempt from self-isolation. That said, employers still need to remain mindful of the fact that workers who are a close contact of a positive case may have contracted COVID-19 and are able to transmit it to others, even if they are fully vaccinated. Implementing and maintaining appropriate COVID secure measures, as identified through a health and safety risk assessment, remains key to minimising possible future workplace cases.

Source: New feed