Employment Law Covid-19 Measures Update

With what appears to be a second wave of the Covid-19 pandemic affecting the UK, we take a look at some of the recent measures implemented by the Government to help reduce transmission of the virus and to tackle some key employment issues:

1. Face Coverings

The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No 3) Regulations 2020 has been published which amends existing regulations regarding the wearing of face coverings.

The Regulations make it clear that workers in places listed within Schedule 3 must wear masks. These include but are not limited to:

• Shops (but not including premises providing legal or financial services);
• Restaurants with table service and bars;
• Banks
• Hotels

The same reasonable excuse provisions apply to the obligation to wear a face covering for example, because of a disability or in circumstances where the wearing of a face covering would cause severe distress.

2. Test and Trace System

The NHS COVID-19 app launches nationally today to help control COVID-19 transmission alongside national and local contact tracing. It forms a central part of the NHS Test and Trace system – identifying contacts of those who have tested positive for coronavirus.

Features of the app are set to include contact tracing using Bluetooth, risk alerts based on postcode district, QR check-in at certain venues, symptom checker and test booking.

Businesses are now required by law to display the official NHS QR code posters from today so people can check-in at different premises with the app.

Guidance on which businesses should display a QR code along with how to set one up can be viewed at: https://www.gov.uk/create-coronavirus-qr-poster

Downloading the app is not compulsory and the effect of this will remain to be seen.

3. Calculating Redundancy Payments

The Government has announced that workers on furlough who are made redundant are entitled to get redundancy pay based on their normal wage. The measure is designed to protect workers from being given a reduced rate of redundancy pay as a result of being on furlough.

4. A New Furlough Scheme?

With the furlough scheme anticipated to close at the end of October, the Government has hinted that it will today be making an announcement on new job protection plans.

Although the details have not been released yet, the Chancellor is thought to be looking at options including a salary top-up scheme, similar to ones that are operating in France and Germany.

At the time of writing, we eagerly await those details.

As ever, the nature of this pandemic means that rules and regulations are changing all the time. With a number of key changes being implemented, it is crucial that you consider these measures and keep abreast of the latest developments to ensure your business remains fully compliant and Covid secure.

If you are concerned about the effect that these changes will have on your business, please contact Emma Spandrzyk in our employment team. Emma can be contacted on e.spandrzyk@timms-law.com or 01530 551 407.

Emma Spandrzyk
24th September 2020