New COVID-19 Guidance Issued as Access to Most Free Testing Is Removed

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.

What Is the Latest Government Advice for Staff Who Develop COVID-19 Symptoms?

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:

• There is no longer blanket advice in place to ask anybody with COVID-19 symptoms to remain at home and avoid contact with others. The advice is now to do so if you not only develop symptoms, but also "have a high temperature or do not feel well enough to go to work". This means that staff who are mildly symptomatic but feel able to carry on as normal, including in respect of work, are no longer advised to stay at home.
• For those who do have a high temperature or feel unwell, the advice is now to stay at home and avoid contact with others until the high temperature disappears, or otherwise until they no longer feel unwell. The previous advice around staying at home for at least six full days has been removed.

What Does This Mean for Employers?

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.

Are There Any Complicating Factors?

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.

What Should Employers Do Next?

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.

For more information, please contact Gareth Edwards in our Employment Law team on 0117 314 5220, or complete the form below.