Jurisdiction: England
Commencement: 28th September 2020
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 introduce requirements for members of the public, employers, employees and agency workers to self-isolate if they have tested positive or come into contact with someone who has tested positive for Coronavirus.
These Regulations are designed to protect public health by preventing the spread of Coronavirus (COVID-19).
These Regulations apply to adults who have been notified by one of the following relevant persons of the need to self-isolate:
- The Secretary of State.
- A person employed or engaged for the purposes of the health service.
- A person employed or engaged by a local authority.
They introduce requirements for members of the public, employers, employees and agency workers to self-isolate if they have tested positive or come into contact with someone who has tested positive for Coronavirus.
Any breach of these self-isolation requirements is an offence and punishable by a fine of up to £10,000.
Who these requirements apply to
When an adult is notified by a relevant person that either they or a child they are responsible for, have tested positive for Coronavirus from a test taken after 28th September 2020 (or have had close contact with someone who has) that adult is required to follow the self-isolation requirements laid out in these Regulations.
Requirements of self-isolation
A person who is required to self-isolate must comply with the following:
– Remain in their home or the home of a friend/family member.
– Only leave their residence for the following specific reasons:
- To seek urgent medical assistance.
- To seek urgent veterinary service.
- To fulfil legal obligations (e.g. satisfying bail conditions or participating in legal proceedings.
- To avoid risk of harm (e.g. in the event of a fire).
- To attend the funeral of a close family member.
- To obtain basic necessities (e.g. food or medical supplies) where it is not possible to obtain them by any other means.
- To access a critical public service (e.g. social services and services provided to victims).
– In the case of an adult or child who has tested positive for Coronavirus, they must remain self-isolated for a period of 10 days, either:
- from the day they took the test that came back positive; or
- where the person reported their development of symptoms to a relevant person, either the day they reported their symptoms or 5 days before they took the test (whichever is the later).
– In the case of an adult or child who had close contact with someone who has tested positive, they must remain self-isolated for a period of 14 days, either:
- from the day the person they came into contact with, took the test that came back positive; or
- where they reported the development of symptoms to a relevant person, either the day they reported their symptoms or 5 days before they took the test (whichever is the later).
Employers of workers (including agency workers) who are self-isolating must not allow the self-isolating workers to attend any place, other than their designated place of self-isolation (e.g. their home), for any purpose related to their employment during their isolation period. This means that workers undertaking activities related to their employment at their designated place of self-isolation do not breach these requirements.
Where a worker becomes aware of their need to self-isolate and is due to attend work during their isolation period, the self-isolating worker must notify their employer. This includes informing their employer of the start and end dates of their self-isolation period as soon as possible and in any event before the worker is next due to start work.
Where an agency worker becomes aware of their need to self-isolate and is due to attend work during their isolation period, the self-isolating agency worker must notify the agent, the principal or the self-isolating agency worker’s employer (where that person is not the agent or a principal). This includes informing them of the start and end dates of their self-isolation period as soon as possible and in any event before the worker is next due to start work.
The person who receives the notification from the self-isolating agency worker (either the agent, the agency worker’s employer, or a principal) must supply the information to the other two parties as soon as possible.
Not abiding by any of the requirements to self-isolate under these Regulations is an offence and punishable by a fine of up to £1,000 for a first time offence, increasing to a maximum of £10,000 for multiple breaches.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.