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New Self-Isolation Legal Requirements & Breach Fines
On 28th September 2020, the UK Government put into force new legislation named The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020.
To flatten the rising number of COVID-19 cases and deaths across England, the regulations impose additional legal requirements on employers and employees regarding self-isolation of individuals in England who either test positive for Coronavirus, or have been identified as a close contact of an individual who has tested positive.
To flatten the rising number of COVID-19 cases and deaths across England, the regulations impose additional legal requirements on employers and employees regarding self-isolation of individuals in England who either test positive for Coronavirus, or have been identified as a close contact of an individual who has tested positive.
Legal Requirements
Any employee who has been ordered to self-isolate must notify their employer, or agency if the individual is an agency worker, as soon as possible.
When an employer is made aware of an employee who has tested positive or is a close contact of someone who has tested positive, they cannot allow or request the employee to attend any place of work at any point during their period of self-isolation. If an agency worker is instructed to self-isolate, the agency must inform the employer of the individual’s obligations. Working from home during self-isolation is still permitted.
If an individual is instructed to self-isolate while on work premises, they must return home immediately and commence their period of self-isolation.
When an employer is made aware of an employee who has tested positive or is a close contact of someone who has tested positive, they cannot allow or request the employee to attend any place of work at any point during their period of self-isolation. If an agency worker is instructed to self-isolate, the agency must inform the employer of the individual’s obligations. Working from home during self-isolation is still permitted.
If an individual is instructed to self-isolate while on work premises, they must return home immediately and commence their period of self-isolation.
Fines
As expected, with the new regulations, new enforcement fines and penalties have also been brought into effect – with fines for those breaching self-isolation rules now starting £1,000 for a first offence with the potential to increase to up to £10,000 for repeat offences.
With the new legal requirements for employers, these fines can also be imposed onto those who are preventing someone else from self-isolating when instructed to do so.
An example of this given on the GOV.UK website states that employers who threaten self-isolating staff with redundancy if they do not come to work will be subject to these fines of £10,000.
With the new legal requirements for employers, these fines can also be imposed onto those who are preventing someone else from self-isolating when instructed to do so.
An example of this given on the GOV.UK website states that employers who threaten self-isolating staff with redundancy if they do not come to work will be subject to these fines of £10,000.
Support
To assist those on lower incomes who cannot work from home and will therefore lose out on much needed income during their of self-isolation, the government is supporting them with a £500 payment scheme.
This Test and Trace support payment ensures that these individuals on lower incomes are able to self-isolate without worrying about the impact on their finances – making them less likely to breach the rules to avoid losing their money.
Almost 4,000,000 people within England who are currently in receipt of benefits, will be eligible to receive the support payment if they are instructed to self-isolate.
Despite the new rules already being brought into force on 28th September, the self-isolation support scheme is not expected to be in place until 12th October – with those starting self-isolation after 28th September receiving backdated payments once the scheme is up and running in their local authority.
To read the full press release detailing the new package to support and enforce self-isolation, click here.
This Test and Trace support payment ensures that these individuals on lower incomes are able to self-isolate without worrying about the impact on their finances – making them less likely to breach the rules to avoid losing their money.
Almost 4,000,000 people within England who are currently in receipt of benefits, will be eligible to receive the support payment if they are instructed to self-isolate.
Despite the new rules already being brought into force on 28th September, the self-isolation support scheme is not expected to be in place until 12th October – with those starting self-isolation after 28th September receiving backdated payments once the scheme is up and running in their local authority.
To read the full press release detailing the new package to support and enforce self-isolation, click here.
In November 2019, we launched this innovative offering for clients seeking access to advice for an agreed annual fee.
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
