The 'new' normal

The government has published its plans for Covid-19 testing from 1 April. Free universal testing is going to be abolished. Some groups will continue to get free tests if they develop symptoms including NHS employees and staff who work in care homes, homecare, supported living, adult day care centres, hospices, prisons, immigration detention centres, domestic abuse refuges and homelessness settings.

While case rates are high, some of these groups (staff who work in adult social care, hospices, some prisons and detention centres and patient facing NHS staff) will also have access to free asymptomatic testing. If other employers want to continue workplace testing in some format, they will have to pay for the tests.

From 1 April 2022, the government has published guidance for employers to follow to reduce Covid-19 transmission at work. Employers will welcome guidance at a time when many are worried about moving from government guidance to employers and employees making their own judgements about how to keep themselves and others safe. However the guidance has produced more questions than it has answered. For example, if an employee comes to work coughing and spluttering, what can an employer do about it, especially if other employees complain? From 25 March, SSP is no longer payable to employees who test positive for covid - only if they are unable to work and only from day 4 of any absence. As such, presenteeism may cause as many problems for employers as covid-related absence has done historically.

Previously, it has been possible for employers to side-step the juggle between covid-nervous and covid-sceptical employees, providing government guidelines as the reason for workplace rules. Employers now have to shoulder more of the responsibility for decisions they take about transmission measures in the workplace. Risk assessments after 1 April no longer need to refer directly to Covid-19, but covid rates remain stubbornly high and some employees, especially those at higher risk, will remain worried. Employers will need to think about how to deal with this particular risk in their risk assessments. Simple steps such as advising employees with coughs and colds to work from home until they are well, or paying for tests, may all be reasonable steps to protect your vulnerable staff and customers. Longstanding measures such as good cleaning and ventilation will help to reassure those who are worried with little expense to those who are not.

Employers will welcome government guidance to help them to navigate new waters in circumstances where the underlying weather conditions haven’t really changed. However, the guidance still recommends that anyone who tests positive should try and stay at home for 5 days. Most employers want to get back to business as usual but keeping everyone safe and as covid-free as possible is the key to remaining productive. Striking the right balance is vital to ensure your business thrives in the ‘new’ normal.

If you have any questions relating to employment law, please contact Oliver Tasker who will be able to advise. Alternatively, please click here to visit our employment law page.