Employment law updates you need to know!

Start the new year off right, by making sure you are aware of following the employment law updates:

Changes to testing and self-isolation

On 13 January 2022, the Health Secretary announced that the isolation period was being cut again, from seven days to five days, from Monday 17 January 2022. Sajid Javid stated that, after five days of isolation, individuals can take a lateral flow test and if that, and a further test on day six, is negative they are free to leave their isolation earlier provided they also do not have a high temperature. If an individual continues to test positive they must remain in isolation until a negative test is received.

From 11 January 2022, individuals no longer need to book a PCR test having tested positive on a lateral flow test and are asymptomatic. Once an individual has tested positive in this way, they should take that result as final. If the individual then goes on to develop symptoms, a PCR test is required to confirm the result. 

One major benefit of this new regime means that asymptomatic individuals can start their isolation from their positive lateral flow test (or the date symptoms start), rather than waiting for it to be confirmed by PCR and then officially starting isolation from that date.

The idea behind these changes is to reduce the disruption to people’s everyday lives caused by the pandemic. It will likely be welcome news for employers who are suffering with disruptions to the workplace due to employees having to self-isolate. Employers will need to consider what evidence they request and retain if any.

Timeframe for self-certifying sickness increases temporarily

In an attempt to ease the burden on GPs, the government has increased the amount of time that employees can self-certify sickness. 

This change came in on 17 December 2021 but applies to absences beginning on or after 10 December 2021, up to and including absences which begin on or before 26 January 2022. 

For sickness absences within these time-frames, employees will only need to provide a fit note if they have been unwell for more than 28 days and have taken sick leave. This includes non-working days, such as weekends and bank holidays. The previous timescale was seven days, and this will apply again for absences beginning on or after 27 January 2022.

Mandatory vaccinations for health care professionals with face-to-face contact

From 1 April 2022, it will become a legal requirement for all workers in CQC regulated health and care services, including the NHS and independent health care services to be fully vaccinated, unless they are exempt. A similar provision came into place for care settings last year.

For employers not in these sectors, it is unlikely that mandatory vaccination will be necessary. Implementation of a mandatory requirement is not advisable due to the potential discriminatory risks involved. Instead, employers should continue to encourage their employees to have the vaccines and any boosters as soon as they become available, by providing impartial, factual information to enable them to make their own decision.

Right to work checks – digital checks to become commonplace

Due to the pandemic, digital right to work checks were introduced which enabled employers to accept copies/photographs of identification and carry out checks over video, as opposed to checking original documents and carrying out checks face to face. This temporary measure proved popular and there were calls from various groups to make it the norm. 

The government seemed to have listened to this and announced on 27 December 2021 that all UK employers will be able to conduct a fully digital hiring process for staff. This will be implemented from 6 April 2022 and more information is due to follow this month (January 2022).