New offences relating to self-isolation.

New offences relating to self-isolation.

This update is written and posted on Monday 28^th September 2020. It is subject to change in future and we will endeavour to update it as soon as changes are announced.

As of last night, it is now an offence in England for an employer to knowingly allow an employee or worker to come into work when the employee or worker should be self-isolating. Any employer found guilty is liable to a fixed penalty fine, initially of £1,000 but this can rise to up to £10,000.

There is no prohibition on the employee working from home, if that is possible.

The law places a duty on employees to inform their employer if they are required to self-isolate.

If someone is self-isolating because they are showing symptoms, have tested positive, live with someone who has tested positive or have been advised to self-isolate by the Track and Trace service, they will be entitled to sick pay. This will be statutory sick pay or contractual sick pay, depending on the terms of their contract. The employee could request or be offered the option of taking holiday to cover this period, but there is no obligation either to make or agree to such a request.

Employers should remind employees of the rules around self-isolation and the fact that they are required to tell them if they must self-isolate, and that anyone failing to do so will be liable to disciplinary action.