Time for Covid Plan B!

Monday 13 December 2021

With the new Covid-19 variant, Omicron, spreading throughout the UK, Boris Johnson has decided that now is the time to move to ‘Plan B’ to try and slow the infection rate in the hope that NHS will not become overwhelmed at its busiest time of the year.

The new restrictions announced are as follows:

• From Friday 10 December 2021, face coverings will be mandatory for nearly all public indoor venues, as well as on public transport.
• Proof of vaccination status will need to be shown to gain entry to nightclubs and other venues, depending on their size. The Government has also said that a negative lateral flow test before entering such venues will be required.
• The rules on self-isolation relating to Omicron cases will also change. Any close contacts of confirmed Omicron cases will now be allowed to do daily covid tests, as an alternative to the previously mandatory 10-day isolation period.
• From Monday 13 December, employees are being asked to work from home if they can.

Employers are now (once again) left to decide whether they should ask their employees to come into the office or whether they should stay at home and return to home working. Government guidance states that people who cannot work from home can still attend their workplace and, in some cases, travelling into the workplace may be necessary for the business to continue to run effectively.

If employees are told to work from home, employers must still consider their obligations under the Health & Safety at Work Act 1974 and make sure their physical and mental health needs are met whilst working remotely, especially if their home environment is challenging.

Government guidance on working safely in the office has not yet been updated, but employers should make sure that their premises are Covid-secure as per the original guidance from 2020. If employers are considering asking their employees to make the commute, they may wish to allow some leeway with employees’ start and finish times, especially for those who use public transport, so they can avoid the rush hour.

Employers may also consider asking any employees working from the office to take lateral flow tests before their commute. Although business can no longer request free lateral flow tests, there are providers who will deliver them for a monthly fee, and individuals are entitled to request the kits online at www.gov.uk/order-coronavirus-rapid-lateral-flow-tests.

There has been heavy criticism of the timing of Plan B being implemented, mainly because of the Government’s ‘Christmas Party Scandal’, which many observers feel could lead to non-compliance with the new rules from swathes of the public.

Although there are no plans at the moment to implement tougher Covid restrictions, the Government have said these will be considered if and when necessary. Should businesses be forced to close, we may even see the reintroduction of the furlough scheme.

If you have any questions about the impact of the new restrictions on your business, please email or call our Employment Law team today on 0113 207 0000.