@deliver_els, Author at Employment Law Services (ELS) LTD

Long Covid IS a Disability Says the Employment Tribunal

Posted on 29 June 202231 May 2023 by @deliver_els

An employment tribunal has determined that an employee with long COVID symptoms was disabled within the meaning of section 6 of the Equality Act 2010 (EqA 2010).

At the beginning of June and with a suspected 1.8 mission people in the UK estimated to be experiencing Long Covid Symptoms, we considered whether Long Covid is a disability under the Equality Act. At that time the likely answer to this question was both unclear and untested but following a recent ruling at the Employment Tribunal, the answer in this case at least appears to be a clear YES.

Background of the Long Covid Case

From April 2001, Mr Burke was employed as a caretaker by Turning Point Scotland, a charity providing a range of services for individuals facing learning disabilities, alcohol and other drug use, mental health, autism, early onset dementia and Huntington’s disease.

In November 2020, he tested positive for COVID-19 initially with only mild, flu like symptoms but after isolating, he developed severe headaches and fatigue. Because of these symptoms, Mr Burke had to lie down to recover after waking, showering and dressing and he struggled standing for long periods. He could not undertake household activities, like cooking, ironing and shopping and experienced joint pain, a loss of appetite, a reduced ability to concentrate and difficulties sleeping. He also felt unable to socialise.

From January 2022, his health began to improve. However, the symptoms were unpredictable, and he would experience improvement only to suffer from fatigue, exhaustion and sleep disruption that continued to affect his day-to-day activities.

Mr Burke remained off work from November 2020 and fit notes provided by his GP referred to the effects of long COVID and post-viral fatigue syndrome. Two occupational health reports were obtained by Turning Point Scotland, one in April 2021 and the other in June 2021. Both reports concluded that it was “unlikely” that the disability provisions of the Equality Act 2010 would apply to Burke and that he was fit enough to return to work. Despite this, relapses of his symptoms (in particular, fatigue) meant that he did not return to work and having exhausted his entitlement to sick pay at some time in June 2021, he was eventually dismissed in August 2021 because of ill health.

Mr Burke subsequently brought disability discrimination claims, among other claims. Turning Point Scotland sought to have the disability claim struck out on the basis that his condition did not constitute a disability under the Equality Act and a preliminary hearing was held to determine this point.

The Employment Tribunal Judgement

At the preliminary hearing, the tribunal had to determine whether Mr Burke was disabled during the relevant period. It concluded that he was.

It considered that he was not exaggerating his symptoms and had a physical impairment (post-viral fatigue syndrome caused by COVID-19), noting that there was no incentive for him to remain off work when he had exhausted sick pay. The physical impairment had an adverse effect on his ability to carry out normal day-to-day activities and this effect was more than minor or trivial and long term because it “could well” be that it would last for a period of 12 months when viewed from the dismissal date (the last alleged discriminatory act).

The tribunal noted that the employer’s own view was that there was no date when a return to work seemed likely.

Case: Burke v Turning Point Scotland [2022] 5 WLUK 490 (27 May 2022) (Employment Judge Young).

What Can Employers Do to Manage Absence in Suspected Cases of Long COVID?

In consideration of both the EHRC statement and the established definition of a disability under the EqA 2010, Employers should adopt a cautious approach when managing cases of suspected Long COVID that may be considered a disability under the EqA 2010.

Key steps Employers should take include:

Investigate the cause and likely length of absence: Employers should establish the reason for absence and consider whether an individual is likely to return to work in the foreseeable future.
Obtain medical evidence: Depending on the illness in question, employers should consider requesting that the employee attends an examination with an independent specialist doctor or occupational health expert. The employer will normally bear the cost of an examination where it has been undertaken at their request. Information from an independent specialist who has not previously been responsible for the employee may be seen as more reliable than information from an employee’s GP.
Meet and consulting with the employee regarding medical evidence. If the employer has obtained a medical report, it should meet the employee to discuss the report and consult with the employee before taking any action on the basis of its recommendations. Consultation involves an ongoing exchange of information and views concerning the employee’s illness between the parties and full evaluation of any available medical evidence. This is especially important where there is any conflict between the evidence put forward by the employee and that obtained by the employer.
Consider reasonable adjustments or alternative employment. In consultation with the individual, the employer should consider whether there are any reasonable adjustments open to the employer to enable the individual to return to work in some capacity in the foreseeable future. Employers should also consider if there is another job within the business that might be more suitable for the employee. Any discussion of redeployment should be approached sensitively, as an employee may see it as a criticism of their abilities, or a demotion. If the job is in another office the employer will need to consider any relocation arrangements. Reasonable adjustments may also need to be made to the procedure itself. For example, meetings could take place at the employee’s home or other convenient location, the employee might require more notice of meetings than provided for by the employer’s policy or more time to read material and prepare for meetings.
Dismissal and its alternatives. Where it looks as if the employee will not be able to return to work, or the prognosis is such that it cannot be said when (if at all) the employee might be fit, the employer will need to consider the situation carefully. There may be options to explore other than the obvious route of dismissal on capability grounds. It is important to consider these options both from the point of view of unfair dismissal law and because there may be contractual entitlements which arise and failure to explore them may give rise to claims for breach of contract.

Do You Need Assistance with a Long-Term Absence Issue?

The specialist employment law team at Employment Law Services (ELS) LTD have extensive experience in advising UK Employers on their legal obligations to ensure compliance. If you have any queries about your legal obligations you can call us on 0800 612 4772, Contact Us via our website or Book a Free Consultation online.

Is Long COVID a Disability Under the Equality Act?

Posted on 6 June 202224 July 2024 by @deliver_els

1.8 million people in the UK are estimated to be experiencing long COVID symptoms by the latest Office of National Statistics (ONS) COVID-19 Infection Survey, but how many are likely to be considered to be disabled under the Equality Act 2010?

According to the latest Office of National Statistics (ONS) COVID-19 Infection Survey, based on self-reported long COVID symptoms, it is estimated that 1.8 million people in the UK are experiencing long COVID symptoms.

What is Long Covid?

Where COVID symptoms persist for more than 4 weeks, someone will be diagnosed with ongoing symptomatic COVID but where symptoms persist for more than 12 weeks and cannot be explained by any other conditions, they will be diagnosed with Post-COVID Syndrome or “Long COVID”. Developing Long COVID doesn’t appear to be linked with how ill someone is when they first get COVID-19 and people who had mild symptoms at first can still have long-term problems.

The most common symptoms of Long COVID include:

extreme tiredness (fatigue)
shortness of breath
chest pain or tightness
problems with memory and concentration (“brain fog”)
difficulty sleeping (insomnia)
heart palpitations
dizziness
pins and needles
joint pain
depression and anxiety
tinnitus, earaches
feeling sick, diarrhoea, stomach aches, loss of appetite
a high temperature, cough, headaches, sore throat, changes to sense of smell or taste
rashes

Is Long COVID a Disability?

The short answer is: Maybe.

This answer will provide very little comfort for employers managing absences related to suspected cases of Long COVID and the absence of a test capable of diagnosing Long COVID and varying recovery times complicates matters even further.

In a tweet posted on 7May, the EHRC stated that “without case law or scientific consensus, the EHRC does not recommend that “Long COVID” be treated as a disability”. Unsurprisingly, COVID support groups and unions expressed concern at this approach and, the following day, the EHRC published a clarificatory statement, in which it said that, although long COVID is not currently a condition which automatically constitutes a disability under the Equality Act 2010 (a deemed disability), if a person’s symptoms have a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities, long COVID might amount to a disability, which would be determined by an employment tribunal or court in the usual way.

The Equality Act 2010 Definition of a Disability

In cases that do not involve deemed disabilities or excluded conditions, the question of whether an individual is disabled will be answered with reference to the all-important statutory definition in section 6(1), EqA 2010, which says:

“A person (P) has a disability if P has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities”.

Claims a Sick Employee Might Bring

The EqA 2010 prohibits direct disability discrimination indirect disability discrimination, discrimination arising from disability, disability harassment and victimisation in the workplace. It also puts employers under a duty to make reasonable adjustments for disabled employees and job applicants who are placed at a substantial disadvantage because of their disabilities.

There are a number of different claims that might arise out of an employee’s sickness, depending on whether the employee is disabled under the Equality Act 2010 and whether the employer ultimately decides to dismiss the employee by reason of their incapacity.

What Can Employers Do to Manage Absence in Suspected Cases of Long COVID?

Key steps Employers should take include:

Investigate the cause and likely length of absence: Employers should establish the reason for absence and consider whether an individual is likely to return to work in the foreseeable future.
Obtain medical evidence: Depending on the illness in question, employers should consider requesting that the employee attends an examination with an independent specialist doctor or occupational health expert. The employer will normally bear the cost of an examination where it has been undertaken at their request. Information from an independent specialist who has not previously been responsible for the employee may be seen as more reliable than information from an employee’s GP.
Meet and consulting with the employee regarding medical evidence. If the employer has obtained a medical report, it should meet the employee to discuss the report and consult with the employee before taking any action on the basis of its recommendations. Consultation involves an ongoing exchange of information and views concerning the employee’s illness between the parties and full evaluation of any available medical evidence. This is especially important where there is any conflict between the evidence put forward by the employee and that obtained by the employer.
Consider reasonable adjustments or alternative employment. In consultation with the individual, the employer should consider whether there are any reasonable adjustments open to the employer to enable the individual to return to work in some capacity in the foreseeable future. Employers should also consider if there is another job within the business that might be more suitable for the employee. Any discussion of redeployment should be approached sensitively, as an employee may see it as a criticism of their abilities, or a demotion. If the job is in another office the employer will need to consider any relocation arrangements. Reasonable adjustments may also need to be made to the procedure itself. For example, meetings could take place at the employee’s home or other convenient location, the employee might require more notice of meetings than provided for by the employer’s policy or more time to read material and prepare for meetings.
Dismissal and its alternatives. Where it looks as if the employee will not be able to return to work, or the prognosis is such that it cannot be said when (if at all) the employee might be fit, the employer will need to consider the situation carefully. There may be options to explore other than the obvious route of dismissal on capability grounds. It is important to consider these options both from the point of view of unfair dismissal law and because there may be contractual entitlements which arise and failure to explore them may give rise to claims for breach of contract.

Do You Need Assistance with a Long-Term Absence Issue?

Bank Holiday Office Closure – Platinum Jubilee Celebrations

Posted on 31 May 202230 May 2023 by @deliver_els

On the occasion of Her Majesty The Queen’s Platinum Jubilee, the offices of ELS will be closed on Thursday 2 June and Friday 3 June 2022 and shall reopen at 9.00am on Monday 6 June 2022.

Whatever your plans might be for this extended Bank Holiday weekend, we wish you well!

Calls for Menstrual Leave and Better Workplace Support in the UK

Posted on 17 May 202230 May 2023 by @deliver_els

Following approval by Spanish politicians of a draft Bill to provide three days of paid leave for people with severe period pain, UK menstruation and period pain charities have called on the UK government to introduce menstruation leave.

Currently under UK law, those who experience period pain should use their sick leave for time off work. Period charity, Bloody Good Period, suggest more is needed to support those who have painful periods. According to the charity, 73% of people who menstruate have struggled to complete their work as they would like due to their periods and for 79% of respondents, this is due to pain. In addition to menstrual leave, they call on the government to “improve communications, culture and broader policy around periods in the workplace” and ensure employers have a better understanding of the range of challenging period symptoms.

Endometriosis UK supports people who have the condition where tissue similar to the lining of the womb grows in other places, such as the ovaries. The charity has said that the culture of “squeamishness and silence around menstrual health” must be challenged and that those experiencing pain which affects their work should be able to expect that they will be listened to, believed and supported.

Health and Safety Executive Publishes Revised Advice for Workplaces

Posted on 12 April 202231 May 2023 by @deliver_els

On 31 March 2022, the Health and Safety Executive (HSE) published revised advice to workplaces regarding COVID-19. We take a look at the revised guidance and other steps employers can take to reduce the spread of respiratory infections in the workplace.

The revised advice follows the relaxation of COVID-19-related measures across the UK. The advice notes that COVID-19 will remain a public health issue and that guidance for workplaces is being replaced with public health advice.

For the public health principles for reducing the spread of respiratory infection in workplaces and Employers are encouraged to check the relevant position and timescales for the nation they are operating in:

General Advice for Employers

By way of general advice, employers should note the following:

The HSE no longer requires every business to consider COVID-19 in their risk assessments or to have specific COVID-19-related measures in place. There is, however, a requirement to protect those who will come into contact with COVID-19 due to their work activity (for example, if they are researching COVID-19 in laboratories). In these cases, employers must still complete a relevant risk assessment and implement control measures. There is currently a specific public health requirement for a COVID-19 risk assessment and reasonable measures applicable to employers in Wales, but this is not regulated by the HSE.
Employers must continue, as always, to comply with general health and safety law. Although the HSE will no longer require COVID-19 control measures, employers must continue to consult workers and their representatives on any changes they make that might affect health and safety.
Employers should continue to have regard to available guidance on protecting those who may be at higher risk from COVID-19 and on vaccinations, including advice from public health bodies and other government departments.

The advice is due to be reviewed by the HSE again on 30 April 2022.

By way of general advice on reducing the spread of respiratory infections, such as COVID-19 and flu, in the workplace, employers should consider the following:

In addition to recognising symptoms, employers may wish to consider how best to support and enable their workforce to follow the latest public health guidance.
To reduce the spread of infections, employers should maintain clean working environments, encourage and enable staff to get vaccinated and consider ventilation (see HSE guidance Ventilation in the workplace). There is no requirement to report workplace outbreaks of respiratory infections to local public health teams.
The requirement for every employer to explicitly consider COVID-19 in their health and safety risk assessment has been removed. Those who work with COVID-19, such as laboratories, must continue to do so. Otherwise, employers may choose to do so.
To control occupational health and safety risks, employers should continue to comply with the requirements for cleaning, ventilation and welfare facilities in the Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004) or, with regard to health and safety on construction sites, the Construction (Design and Management) Regulations 2015 (SI 2015/51). Employers have a duty to consult with their employees, or their representatives, on health and safety matters.
Employers may wish to consider the needs of employees at greater risk from COVID-19, including those whose immune system means they are at higher risk of serious illness from COVID-19.

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Everything Employers Need to Know About Redundancy

Posted on 30 March 202231 May 2023 by @deliver_els

The legal obligations UK employers face when considering making redundancies and the significant legal implications of getting it wrong was brought into sharp focus recently in the P&O Ferries case. We look at the various steps UK employers need to take to make redundancies fairly and legally.

The shocking decision by P&O to dismiss 800 UK workers with immediate effect last week sent shockwaves across the UK, with the media and politicians of all parties describing P&O’s actions as “shameful” and “illegal”.

P&O have since stated that they had no choice and were forced to act swiftly in the way that they did, to protect their business and whilst swift action may have been necessary, the fact remains that they completely disregarded redundancy employment laws, not least their legal duty to collectively consult and to notify the Secretary of State of the proposed redundancies at least 45 days before the first dismissal took effect.

The consequences of P&O’s actions could mean that P&O face claims at the employment tribunal and costly awards for unfair dismissal, in addition to Protective Awards for failing to consult, on a massive scale.

What is Redundancy?

The statutory definition of “redundancy” encompasses three types of situations: business closure, workplace closure, and reduction of workforce. The dismissal of an employee will be by reason of redundancy if it is “wholly or mainly attributable to” the employer.

There are a variety of circumstances that can give rise to a redundancy situation, including:

A diminished need for employees to do work of a particular kind.
Changes to terms and conditions where more than 20 employees are affected, and dismissal is a possibility.
Reduction in the numbers of employees doing a particular role.
Removal of a role or group of roles.
Closure of a department, site or entire business.

It is important that employers don’t confuse legitimate redundancy circumstances with other issues which do not give rise to a redundancy situation.

Examples of situations that do not give rise to redundancy include:

Issues of performance, conduct.
Where an external company could do the work better or more cheaply.
The same work could be done under different terms and conditions e.g., less qualified.
Where the employee is required to do additional work, but it remains “work of the same particular kind” and they refuse to do that.
Transfers of employment.

What Every Employer Needs to Know About Redundancies

Many employers find dealing with redundancy to be an unnerving prospect and affected employees often find it very stressful, but to avoid potential problems employers must follow the correct procedures and apply them fairly to avoid facing potentially costly claims at the employment tribunal.

To undertake a redundancy exercise, employers need to know:

What “redundancy” means.
How to deal fairly with individuals being considered for redundancy to minimise claims for unfair dismissal.
What the alternatives to redundancy are, including lay off and short time working.
How to determine an employee’s entitlement to a statutory or contractual redundancy payment.
When they must inform and consult collectively (with trade unions or employee representatives) about redundancy.

It is important that employers carefully consider their situation before deciding to progress with redundancies. Key points to consider include:

What are your reasons for making a particular person/group/role redundant?

Are these reasons likely to impact the business permanently or are they temporary?

How many redundancies might be necessary?

How quickly do these issues need to be addressed?

How much would redundancies cost?

What alternatives might be possible?

Employers have a legal obligation to consider how they might avoid compulsory redundancies. Some of the alternatives they should consider include:

Short time working and/or temporary layoffs.
Voluntary redundancy.
Temporary reduction in pay or hours.
Permanent reduction in pay or hours.
Redeploying to alternative roles and providing retraining (if reasonable).
Dismissing short service employees (where no risk and T&Cs allow).
Reducing/removing benefits.
Stopping/limiting overtime.

Issues to Address in a Redundancy Situation

Establish there is a genuine redundancy situation.
Consider pool and criteria for selection; list any alternative vacancies.
Consult with the affected employees, collectively if making 20+ redundant.
Notify the Secretary of State if making 20 or more redundancies.
Score affected employees using established criteria.
Consult individually with those provisionally selected for redundancy.
Follow up on feedback from consultations.
Meet with affected employees to confirm the outcome.

Other considerations include:

Is there a job that would be a suitable alternative within any associated business or alternative sites?
Does ‘Bumping’ apply? This is where an employee not previously at risk is put at risk to ‘save’ other employees.
Are any affected employees pregnant?
Are any affected employees on maternity leave?
Are any senior roles affected?

Employers will need to proceed with caution if any of the above scenarios apply.

Redundancy Pool & Criteria for Selection

Identify the ‘pool’ for selection

Make selected pool wider, not narrower.
Identify appropriate skill set for what is needed in the future.
Apply selection criteria.

Selection Criteria

Evidence based.
Non-discriminatory.

Notifying the Secretary of State

Employers must notify the Secretary of State that it is planning to make collective redundancies:

At least 30 days before the first dismissal takes effect (in other words, the date on which notice is to expire or employment is to end) where the employer proposes to dismiss 20 to 99 employees within a 90-day period, or
At least 45 days before the first dismissal takes effect where the employer proposes to dismiss 100 or more employees within a 90-day period.
The notification must be in writing (either by letter or on a form HR1) and a copy must be provided to the employee representatives. The employees cannot be given notice of dismissal.

Employee Consultation

Must be meaningful, with a view to getting agreement, not a means to an end.
Includes those off on long term sick leave, family friendly leave, fixed term (funding).
With union or collective consultation body (if authorised to consult on such matters).
Usually initial group/then individual.
Letters at each stage and 48 hours’ notice between meeting and the right to be accompanied.
Minutes should be taken at each meeting.

Statutory Redundancy Pay

A statutory redundancy payment is payable to employees with 2+ years’ service.

Age weighting: half a week’s pay for each full year under 22, one week’s pay for each full year between 22 and under 41, one and half week’s pay for each full year 41 or over.
Length of service is capped at 20 years.
Max gross salary £544.
Max £16,320.
Notice Pay is the greater of contractual or statutory.
Statutory notice is one week for each complete year of service after one months’ service up to a maximum 12 weeks’ notice.

Options for notice period:

Work out notice.
Paid in lieu of notice (PILON).
Garden leave.

Where Most Employers Get Redundancies Wrong

There are many steps involved in making lawful redundancies that employers can miss, some of the more common being the following:

Not establishing the contractual position.
Not identifying the right pool.
Not using any/appropriate selection criteria.
Not consulting properly (individually or collectively).

The Implications of getting it wrong can include employment tribunal claims for:

Unfair dismissal
Not genuine redundancy (the real reason for dismissal).
Unfair process.
Unfair selection.
Unfair scoring.

The maximum compensatory award for unfair dismissal is currently £88,519 but where discrimination has been a factor, awards for compensation are unlimited.

A Summary of the Redundancy Process

Where less than 20 employees are to be made redundant at one establishment within 90 days, the approach can differ:

No risk of discrimination or under 2 years’ service:

If under 2 years’ service, and no risk of discrimination, a shorter process can be followed if the contract/handbook allow that.
No entitlement to redundancy pay, just notice pay.

Risk of discrimination or over 2 years’ service:

A minimum of three meetings (at risk, how can we avoid, if no ideas, dismissal).
If pools of candidates, objective criteria will need to be used relating to that particular role.
Scoring needs to be fairly done.
Right of appeal.

Where 20 or more employees to be made redundant at one establishment within 90 days:

Need to collectively consult with appropriate representatives.
Representatives are recognised trade union or employee representatives elected through a ballot.
Must provide prescribed information via HR1 to BEIS.
Must consult for at least 30 days before the first dismissal or for 100 days if more than 100 employees.
Right of appeal.
Protective award for a failure to consult = 90 days gross pay.

Conclusion

A redundancy dismissal is likely to be unfair unless the employer:

Establishes there is a genuine redundancy situation.
Identifies an appropriate pool for selection.
Consults with individuals in the pool.
Applies objective selection criteria to those in the pool.
Considers suitable alternative employment where appropriate, subject to a trial period.

Do You Need Assistance with a Redundancy Issue?

Regulations revoke statutory requirement for mandatory vaccination for health and social care workers in England

Posted on 24 March 202231 May 2023 by @deliver_els

On 1 March 2022, the government confirmed that it would introduce regulations revoking the statutory requirements for vaccination as a condition of deployment in health and social care settings in England.

On 15 March 2022, the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No 3) Regulations 2022 (SI 2022/206) came into force. These revoke:

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (SI 2021/891), which introduced a statutory requirement for mandatory vaccination for workers in Care Quality Commission (CQC) regulated care homes on 11 November 2021.
The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No 2) Regulations 2022 (SI 2022/15), which were due to introduce a statutory requirement for mandatory vaccination for health and social care workers on 1 April 2022.

The Department of Health and Social Care has also withdrawn its operational guidance on vaccination of care home workers and workers in social care settings other than care homes, reflecting that vaccinations are no longer a requirement for workers in these settings.

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The Employment Aspects of the Welsh Administration’s Long-Term COVID-19 Strategy

Posted on 22 March 202231 May 2023 by @deliver_els

On 4 March 2022 the Welsh Government published Together for a safer future: Wales’ long-term COVID-19 transition from pandemic to endemic, setting out its long-term strategy for COVID-19 once all legal restrictions have been lifted.

The Welsh Administration envisages replacing the legal duty to isolate with guidance, and an end to asymptomatic testing from the end of March or early April. Between April and June 2022, PCR tests for symptomatic cases will give way to home testing with LFTs. Around the end of June, LFTs will cease to be available and self-isolation support payments will end.

Businesses will be encouraged to continue with good infection control practices and to keep workplaces safer from all respiratory illnesses. They are advised to exclude symptomatic individuals from the workplace, provide adequate sick pay, and avoid a culture of presenteeism for sick employees.

Do You Need Assistance With Employment Law Issues?

The specialist employment law team at Employment Law Services (ELS) LTD have extensive experience in advising UK Employers on their legal obligations to ensure compliance. If you have any queries about your legal obligations you can call us on 0800 612 4772, Contact Usvia our website or Book a Free Consultation online.

Changes to Covid-19 Regulations in Scotland

Posted on 21 March 202230 May 2023 by @deliver_els

On 16 March 2022, the Health Protection (Coronavirus) (Requirements) (Scotland) Revocation Regulations 2022 (SSI 2022/92) were made which, amongst other things, revokes requirements for employers to collect visitor data.

These Regulations will come into force on 21 March 2022. Among other things, they will revoke:

Regulation 3 of the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (SSI 2021/277) (Principal Regulations), which require those responsible for certain hospitality and entertainment premises to collect visitor data and store it for a minimum of 21 days.
Regulation 4 of the Principal Regulations, which require those responsible for carrying on a business or providing a service to have regard to government guidance about measures to minimise the risk of exposure to COVID-19, and to take such of those measures as are reasonably practicable to minimise the incidence and spread of coronavirus on its premises.

The removal of the legal requirements for businesses to have regard to government guidance and to take practical measures to reduce incidence and spread by 21 March 2022 was anticipated in the Scottish Administration’s Strategic framework Update.

However, although it was also anticipated that on the same date the requirement to wear face coverings in certain indoor settings, currently contained within regulations 5 and 6 of the Principal Regulations, would be converted into guidance, the snp administration opted to retain the legal requirement to wear face coverings for at least another two weeks.

Do You Need Assistance With Employment Law Issues?

The specialist employment law team at Employment Law Services (ELS) LTD have extensive experience in advising UK Employers on their legal obligations to ensure compliance. If you have any queries about your legal obligations you can call us on 0800 612 4772, Contact Usvia our website or Book a Free Consultation online.

Covid-19: Upcoming Changes to UK Regulations

Posted on 18 March 202230 May 2023 by @deliver_els

With the relaxing of covid restrictions across the UK, various changes to the existing regulations pertaining to sick pay and health & safety requirements for employers are due to come into effect this month. We take a look at the key changes.

Key Changes to Covid Regulations This Month

From 17 March 2022, existing covid regulations on sick pay and health & safety requirements for employers are changing as follows:

On 17‌‌‌ ‌March‌‌‌ ‌2022 the Statutory Sick Pay Rebate Scheme will close meaning employers will no longer be able to claim back Statutory Sick Pay for employees with coronavirus-related absences or self-isolation that occurs after ‌17‌‌‌ ‌March‌‌‌ ‌2022.

From 24th March 2022, statutory sick pay rules will return to their pre-pandemic position. The change allowed for payment of SSP from day one if a worker had to isolate due to COVID-19. By reverting to the previous rules, workers must be absent from work for 4 working days before qualifying for SSP, regardless of the reason for their absence.

From 1 April, free testing is to be removed meaning employees may not know if they have COVID-19 or not. The government will also remove the health and safety requirement for every employer to explicitly consider COVID-19 in their risk assessments (unless they work specifically work with COVID-19, such as in laboratories).