Monday 19 July 2021 was dubbed by many as “Freedom Day”, as the Government moved to Step Four of the roadmap and lifted most restrictions in place across England.

As a reminder, there are no longer legal limits on the number of people who can meet indoors or at weddings and funerals, no formal social distancing rules in most places, most businesses have now reopened and there is no longer a legal requirement to wear a mask (subject to rules in certain places).

However, COVID-19 cases increased rapidly in July 2021 and a third wave of COVID-19 infections was underway. This resulted in what was referred to as the “pingdemic” as there was a surge in the number of people being “pinged” by the NHS COVID app advising them to self-isolate due to close contact with an individual who tested positive.

This presented great challenges for many recovering businesses across the UK, who experienced a sharp downturn in staffing levels just as many were reopening as usual for the first time. In response to the “pingdemic” the Government allowed employers providing critical services to request an exemption for named employees provided that they were fully vaccinated. Supermarket, depot workers and food manufacturers are exempt from self-isolating irrespective of their vaccination status and can carry out daily testing instead, a concession which has been extended to other critical sectors.

As such, the lifting of most legal restrictions on Monday 19 July 2021 did not quite mark the end of the pandemic and there is still some way to go before life returns to what we remember as “normal”.

We covered the impact that the changes from Monday 19 July 2021 would have on homeworking in our recent blog, which can be accessed here and also, in our recent blog on Keeping workplaces safe following the relaxation of Covid-19 restrictions.

What are the current rules?

“Freedom Day” did not change the restrictions in place in regard to self-isolation. At the date of writing, an individual must self-isolate in the following circumstances;

• Where they display symptoms of COVID-19;
• They test positive for COVID-19;
• Someone they live with has symptoms or tests positive;
• Someone in their childcare or support bubble has symptoms and they have been in close contact within 48 hours of the symptoms starting;
• They have arrived in the UK from a red list country;
• They have arrived from an amber list country (under 18’s and fully vaccinated people are exempt);
• They have arrived from France; or
• They have been in contact with someone who has tested positive, and they have been notified by NHS Track and Trace.

Whilst the NHS COVID app is only advisory, if called by NHS track and trace there is a legal requirement to self-isolate for a period of 10 days.

The Government has maintained their guidance that people should continue working from home where possible, with a gradual return to work and that people should continue to meet outside where the risk of transmission of the virus is lower.

Furthermore, nightclubs have been encouraged to use the NHS COVID Pass to check that people are full vaccinated. However, this has not been made a legal requirement.

What comes next?

As of 16 August 2021, the rules on self-isolation will change across England for those who are fully vaccinated (for at least 14 days) and under 18.  At the date of writing it is noted that approximately 75% of adults across the UK have been fully vaccinated.

There will no longer be a legal requirement to self-isolate if an individual comes into close contact with someone who has tested positive. Instead, they may be contacted by NHS Test and Trace and “advised” (not legally required) to take a PCR test.

However, where an individual tests positive or develops symptoms, the self-isolation rules remain the same, irrespective of their vaccination status.

The Government has confirmed that a review will take place in September in readiness for the Autumn and Winter seasons and there may be further changes to the rules and regulations in place as a result.  

What does this mean for employers across the UK?

Whilst many employers have experienced challenges as a result of employees being either legally required and/or advised to self-isolate, it is hoped that the easing of self-isolation requirements will allow businesses to push forward over the coming months.

However, whilst it is only advisory to take a PCR test when in contact with an individual who has tested positive, it is open to employers to implement their own policies on testing to ensure that the risks of transmission are mitigated within the workplace.

Employers should consider updating their risk assessments in light of the changes and reviewing and/or implementing appropriate and relevant COVID policies to take account of the changes to self-isolation requirements and to ensure that the employer’s position in respect of self-isolation and/or pay is clearly communicated to employees.

It will also be important for employers to encourage testing and compliance with self-isolation requirements. This will of course present operational challenges but an active approach will be needed to guard against workplace infection leading to further COVID related absences.

Contact us

If you or your business require any help and support arising out of the COVID-19 pandemic or the forthcoming changes, please get in touch with a member of our Employment Team who will be happy to assist.  

This article contains a general overview of information only. It does not constitute, and should not be relied upon, as legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter.