Advisory Letter Regarding Self-Isolation Rules and Obligations

Advisory Letter Regarding Self-Isolation Rules and Obligations

Employees have a duty under health and safety legislation to take reasonable care for their health and safety and that of anyone who may be affected by their acts or omissions while at work.  This would extend to a duty not to attend the workplace where an Employee is required to self-isolate due to coronavirus.

Employees must also co-operate with their Employer so far as is necessary to enable compliance with any statutory duty or requirement relating to health and safety.  The following template letter can be sent to staff, or the wording incorporated into any communication reminding Employees not to attend the workplace where they are required to self-isolate due to coronavirus.

They may work from home where they are well enough to do so.

In England, The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 provide that an employer that knows an Employee/worker (including an agency worker) has tested positive for coronavirus (COVID-19), or has been instructed by NHS Test and Trace to self-isolate due to having been in close contact with someone who has tested positive; or who is required to quarantine on return from a non-exempt country abroad, must ensure that the Employee/worker does not attend the workplace (the Employee/worker may work from home during the self-isolation period).

Allowing an Employee to attend the workplace in this circumstance, where the Employer is aware the worker is required to self-isolate, may be punishable by a fixed penalty notice, starting at £1,000 for a first offence.