The new guidance includes general guidance for "living safely" with COVID-19, and specific guidance for people who develop symptoms of COVID-19. There is also separate guidance for reducing the spread of respiratory infections, including COVID-19, in the workplace.
The new guidance reflects the fact that, without access to free COVID-19 tests, fewer people will know with certainty whether they are COVID-positive when they develop symptoms.
There are two keys shifts to note in the new guidance:
The new guidance highlights the importance, now more than ever, of employers determining their own approach to COVID-19 in the workplace. Previously, with so much of our response to COVID-19 being defined with reference to strict legal obligations, requirements for managing the risk of COVID-19 in the workplace were arguably clearer.
Employers should consider whether the new guidance will work in practice within their organisations, taking into account the way individual workforces work, whether any particular COVID risks have been identified, and how these can be best mitigated. It may be considered necessary or desirable to put in place an organisational policy around remaining away from the workplace if symptomatic. Staff may also be feeling nervous given the high current case rates and the further relaxation of the guidance, which again might prompt employers to put in place their own isolation policies.
Employers who intend to ask staff to stay away from the workplace, even if mildly symptomatic, should consider what pay arrangements will be put in place. If remote working is possible, the task will be simplified. However, if remote working is not possible, and the employee is saying they are only mildly symptomatic and feel able to work, the position is more complicated. The starting point is that staff who are being asked to remain away from the workplace but who are not 'unwell' should be paid as normal. However, this could be open to abuse from individuals who might claim to be mildly symptomatic in order to be effectively put on paid leave. Another option therefore is for employers is to pay for private COVID-19 testing, so that staff only remain at home on leave in these circumstances if they return a positive result. The absence could then be recorded as sick leave if desired.
We recommend employers who wish to introduce their own COVID-19 isolation policies seek personalised advice before doing so. We have experience in drafting workplace policies, including in respect of COVID-19, and can provide accompanying advice on associated matters including staff communications, testing, and sick pay arrangements.