Tag: New COVID-19 Restrictions Announced

Exceptions to the New Travel Restrictions in Scotland

Posted on by @deliver_els

Yesterday’s announcement on changes to Scotland’s tiered lockdown restrictions, which saw several areas move up into higher tiers, introduced new travel restrictions, but what are the exceptions?

Exceptions to the New Travel Restrictions in Scotland

Yesterday we confirmed the new COVID-19 restrictions announced by the First Minister including the new restrictions on travel, which means that people living in Level 3 or Level 4 areas must not travel outside their own local authority area, except for essential purposes and those living elsewhere in Scotland must not travel to Level 3 or Level 4 areas, except in limited exceptional circumstances.

What Are the Exceptions to the Travel Restrictions?

This is a list of limited exceptions from the guidance not to travel into or out of Level 3 and 4 local authority areas, or to or from other parts of the UK. The exceptions are:

  • travel for work, or provide voluntary or charitable services, but only where that cannot be done from your home
  • travel to school, college, or university where teaching is not provided remotely
  • (To and from Level 3 areas but not Level 4) travel for under 18s sport
  • travel for essential shopping only where it is not possible in your local authority area – you should use on-line shopping or shops, banks and other services in your local area wherever you can
  • travel for healthcare, social care, childcare and other essential services, including recycling, but only if they are not available in your local area
  • travel to provide care or assistance to a vulnerable person
  • travel for shared parenting or travel between the two parts of an extended household
  • travel to meet a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings
  • travel for essential animal welfare reasons, such as feeding a horse or going to a vet
  • local outdoor informal exercise such as walking, cycling, golf, or running (in groups of up to 6 people from no more than 2 households) that starts and finishes at the same place 
  • travel locally (within around 5 miles of your local authority area) to reach a place to take exercise outdoors
  • travel for weddings, civil partnership registrations, funerals and other “life events” (such as bar mitzvahs and christenings)
  • if you are a minister of religion or worship leader travel to your place of worship
  • (to or from Level 3 areas, but not Level 4) travel to your normal place of worship
  • travel to give blood at a Scottish National Blood Transfusion Service collection session
  • travel to transit through Level 3 and 4 areas by road or public transport if your journey begins and ends outside such an area
  • travel to move house
  • travel to avoid injury, illness or to escape a risk of harm

The information here is based on the current guidance at time of writing. The Scottish administration has stated that “updated” travel guidance will be published ahead of the travel regulations being introduced into law on Friday 20 November 2020. We will provide further clarity once the Scottish administration clarifies its position and updates its travel guidance on 20 November 2020. 

What Next for Employers

If you have determined that you can keep your business open through the latest phase of lockdown restrictions and therefore require your staff to continue to attend their place of work going forward, you will need to be prepared to manage any staff issues that might arise. 

It would fair to say that some employees may have concerns about remaining at work;  some may have concerns relating to health and safety and what they perceive to be the employer’s failure to follow government guidance and some may simply be extremely anxious about the risk posed by COVID-19 and frightened of a remaining at their place of work and some may have unexpected childcare issues due to after school care services being withdrawn.  

Whatever the issue you will need to adopt an appropriate approach dependent on the specific reasons set out by each employee, but you will need to proceed with caution.  You should investigate fully, gather the facts, then take further advice before making any substantive decisions to avoid the risk of possible claims at the Employment Tribunal.

We’re Here to Help

If you are an Employer and require advice and support on any employment matters, COVID related or otherwise, call us now on 0800 612 4772 or Contact us via our website and we will assist you to navigate through the employment law minefield created by the COVID-19 crisis and comply with your legal obligations.

Exceptions to the New Travel Restrictions in Scotland

 

Strict Lockdown Restrictions in Scotland Imminent

Posted on by @deliver_els

Businesses across the Central Belt of Scotland are bracing themselves ahead of today’s announcement from the leader of the Scottish administration, Nicola Sturgeon, when it is anticipated she will confirm that large parts of the West of Scotland will be moved up to strict Level 4 COVID-19 restrictions, the highest tier of coronavirus restrictions possible. 

Strict Lockdown Restrictions in Scotland Imminent

What Does the Law Say About Level 4 Restrictions?

When considering what implications, if any, a move to strict Level 4 restrictions might have for Scottish businesses, we need to look to the current Coronavirus legislation.  Originally the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 set out the legal requirement to restrict movement and/or close premises and businesses during the emergency period.  This has since been revoked and replaced by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020, which sets out the new legislation in respect the tiers of restrictions now in place.

Which Businesses Will Be Forced to Shut?

If Ms Sturgeon does decide to impose tighter restrictions across the Central Belt, many businesses that have only just started to recover from the previous lockdown will be forced to shut again, just as they were preparing for a much-needed uplift in trade in the lead up to Christmas.  

This includes all non-essential shops, restaurants, bars, businesses which provide close contact services such as gyms, hairdressers, barbers, beauty, nail, massage and complimentary therapies, as well as those responsible for providing holiday accommodation, whether in a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house. 

The full set of “listed” businesses and “close contact services” businesses can be found here, in Schedule 5, Part 1 of the Coronavirus legislation.

What About Non-Essential Offices?

In short, a move to strict Level 4 restrictions should NOT impose any new restrictions that prevent non-essential offices from continuing to operate as they have been, require that staff work from home or prohibit staff from commuting to work.

The default position from the Scottish administration has always remained that non-essential offices should remain closed and that staff should work from home where possible, but there is nothing in the legislation (original or recent) that requires non-essential offices and/or manufactures to close OR which restricts the movement of people either within or between different tier areas in the same way that Part 3, Regulation 5 of the now revoked Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 set out the restrictions on movement which, in the early phases of lockdown, meant people could not leave their homes unless they were a key worker, an essential worker or otherwise had a valid reason to.

However, Schedule 5 of the latest legislation, which sets out in detail the Level 4 restrictions lists which types of businesses are required to shut, makes no reference whatsoever to non-essential offices, therefore, provided you have undertaken the appropriate H&S risk assessment and introduced all necessary controls and measures to protect your staff, there is no requirement to shut non-essential offices.  

What Guidance is Available for Employers?

There is sector specific guidance available on the official Scottish Administration website, but no specific guidance for non-essential offices and call centres.  The official guidance states that all business workplaces that are not being specifically required to close should consider a set of key questions – and at all times work on this precautionary basis:

  • Is what you do essential or material to the effort against the virus or to the wellbeing of society?
  • Is your business able to open in accordance with the current position in the Scotland’s Route Map?
  • Are you able to demonstrate and give confidence to your workforce that you can consistently practice safe physical distancing and comply with ALL other standard health and safety requirements?

If your business is covered by the sector specific guidance, you should follow that.  If not, you should keep checking and reviewing the risks to yourself, your employees, your suppliers and your customers.   

What Issues Might Employers Face if Level 4 Restrictions Are Imposed?

Many of the issues facing employers as they stare down the barrel of further lockdown restrictions will be similar to those they faced when the impact of the COVID-19 pandemic started to impact on peoples’ lives and work back in March this year.

The immediate issue for employers of business workplaces that are not being specifically required to close is whether they should close voluntarily, in full or in part.  The fact that the Furlough scheme has been extended to the end of March 2021 means this is a viable option and one that would enable them to retain staff for however long the stricter lockdown restrictions remain in place.

We set out the key features of the extended furlough scheme here:  The Extended CJRS (furlough scheme)

However, if closing the workplace isn’t an option, other issues employers may face include the following:

  • Staff either being or living with a “clinically extremely vulnerable’ or ‘clinically vulnerable’ person.
  • Childcare issues and staff claims they can’t return to work because children need to self-isolate.
  • Staff simply being extremely anxious about the risk posed by COVID-19 and frightened of a return to the office.
  • Staff expressing concerns relating to health & safety and what they perceive to be the employer’s failure to follow government guidance.

The appropriate approach employers should take will depend on the specific reasons set out by each employee, but employers will need to proceed with caution to avoid the risk of possible claims at the Employment Tribunal.

Support for Employers

The COVID-19 lockdown restrictions and extension to the furlough scheme continue to present numerous and complex challenges for Employers. 

Strict Lockdown Restrictions in Scotland Imminent
0800 612 4772

If you are an Employer and require advice and support on any employment matters, COVID related or otherwise, call us now on 0800 612 4772 or Contact us via our website and we will set assist you to navigate through the employment law minefield created by the COVID-19 crisis and comply with your legal obligations.

New COVID Lockdown Restrictions Announced: Do Non-Essential Offices Need to Close?

Posted on by @deliver_els

Today’s announcements from UK Prime Minister Boris Johnson, which was for the most part mirrored by Scotland’s First Minister, outlined a number of new lockdown restrictions for people and businesses throughout England and Scotland.

New COVID Lockdown Restrictions Announced: Do Non-Essential Offices Need to Close?

The new restrictions include pubs, bars and restaurants being restricted to table service only, 10pm curfews for hospitality venues, more rigid rules for wearing face coverings and in Scotland, a nationwide ban on visiting other people’s homes, except for those living alone, or alone with children, who form extended households, couples who do not live together, or to tradespeople or for the provision of informal childcare – such as by grandparents.

What Does Today’s Announcement Mean for Non-Essential Offices?

Today’s announcement has left many Employers with non-essential offices that have only recently reopened and who have just welcomed staff back to work wondering whether they need to again shut their offices, at a time where the CJRS (Furlough Scheme) is imminently due to end and they are only just starting to get back on track.

In Scotland, the guidance from the Scottish Administration, which is, “everyone who can work from home should continue to do so”, has not changed since lockdown restrictions were first introduced.  

In England, today’s guidance changed to, “office workers are being told to work from home again if possible.”

Do Non-Essential Offices Now Need to Close?

In short, NO.  There is nothing in the legislation and/or guidance that says they cannot remain open and there is no reference to non-essential offices in Schedule 1 of the Regulations explicitly requiring them to close.  

Accordingly, the decision to keep non-essential offices open is entirely in the hands of Employers.

What Does the Law Say About Non-Essential Offices?

In Scotland, the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 sets out the legal requirement to close premises and businesses during the emergency period.

Part 1 of these Regulations, states that the ‘emergency period” starts when these Regulations come into force and ends in relation to a restriction or requirement imposed by these Regulations on the day and at the time specified in a direction published by the Scottish Ministers terminating the requirement or restriction.

Part 1 of the Regulations also sets out the requirement for a review and termination of restrictions, namely:

  • Scottish Ministers must review the need for restrictions and requirements imposed by these Regulations at least once every 21 days.
  • As soon as the Scottish Ministers consider that any restriction or requirement set out in these Regulations are no longer necessary to prevent, protect against, control or provide a public health response to the incidence or spread of infection in Scotland with coronavirus, the Scottish Ministers must publish a direction terminating that restriction or requirement.

Part 2 of the Regulations sets out the requirement to close premises and businesses and Schedule 1 (Parts 1, 2 and 3)sets out those premises and business that were/are required to close during lockdown.

Part 3, Regulation 5 sets out the restrictions on movement which, in the early phases of lockdown, meant people could not leave their homes unless they were a key worker, an essential worker or otherwise had a valid reason to under regulation 8(4).

Part 3, Regulation 6 sets out the restrictions on gatherings in public places, which during the emergency period was limited to no more than two people, subject to certain exceptions.

So, following today’s announcements the official guidance for non-essential offices appears unchanged however, what is clear from the legislation is the following:

  • The restrictions set out in Part 3, regulation 5 and 6 have now been relaxed and there are no longer restrictions on travelling within the UK.
  • Indoor non-office workplaces can reopen if guidance on physical distancing and other hygiene measures are in place. This includes places like factories, warehouses and labs.
  • “Non-essential offices” is NOT listed in Schedule 1 of the Regulations.

Considerations for Employers Choosing to Keep Offices Open

Employers choosing to remain open must consider carefully the following questions:

  • Is what you do essential or material to the effort against the virus or to the wellbeing of society?
  • Is your business able to open in accordance with the current position in Scotland’s Route Map?
  • Are you able to demonstrate and give confidence to your workforce that you can consistently practice safe physical distancing and comply with ALL other standard health and safety requirements?

Employers who can answer yes to any of the above questions and who decide to keep their offices open must continue to follow any sector specific guidance and where there is no sector specific guidance, they should ensure that as a minimum they take the following steps:

  • Continue to assess the risks to yourself, your employees, your suppliers and your customers.  If you employ 5 or more employees, this must be recorded in writing and if you employ 50 or more employees, you must publish your risk assessment.
  • Ensure you have in place all required infection and control measures, which could include:
  • Cleaning more often. Increasing how often surfaces are cleaned, especially those that are being touched a lot. Asking staff to use hand sanitiser and wash their hands frequently.
  • Asking customers/visitors to the office to wear face coverings.
  • Making sure everyone is social distancing. Make it easy for everyone to do so by putting up signs or introducing a one-way system that staff/visitors can follow.
  • Increasing ventilation by keeping doors and windows open where possible and running ventilation systems at all times.
  • Turning people with coronavirus symptoms away. If a staff member (or someone in their household) or a customer/visitor to the office has a persistent cough, a high temperature or has lost their sense of taste or smell, they should be isolating.

Employers should be prepared to be flexible given the likelihood that COVID-19 will remain a risk for the foreseeable future and a resurgence in infections may result in them facing further lockdown restrictions.  It is important also to remember that staff may have legitimate reasons for not wanting to remain at work, such as:

  • being or living with a “clinically extremely vulnerable’ or ‘clinically vulnerable’ person.
  • Having childcare issues if children are sent home from school or nurseries or being unable to rely on normal childcare arrangements.
  • feeling extremely anxious about the risk posed by COVID-19 and fearful about remaining in the office.
  • expressing concerns relating to health & safety and what they perceive to be the employer’s failure to follow government guidance and/or implement appropriate measures and controls.

Employers will need to carefully consider feedback from staff, be prepared to be flexible and act reasonably when responding to staff feedback so as to avoid the risk of possible claims at the Employment Tribunal.

Support for Employers

The COVID-19 lockdown restrictions continue to present numerous and complex challenges for Employers. 

If you are an Employer and require advice and support on any employment matters, COVID related or otherwise, call us now on 0800 612 4772 or Contact us via our website and we will set out clear guidance to assist you to comply with your legal obligations.

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