As much of England’s self-isolation rules are no longer legally binding, Birmingham-based advisers HR Caddy is calling on employers to set clear policies to protect staff, customers and visitors in the workplace.

Although the legal requirement to isolate and stay at home after a positive COVID test ended on 24 February a number of businesses have raised questions about what this means for staff.

Officially, self-isolation is no legally enforced but it is still recommended, and from 1 April the Government has confirmed that where a person tests positive they should be ‘careful and considerate of others’.

Already a number of big-name brands, such as Wilko, have had to apologise to staff and customers for implying infected employees can continue to work.

HR Caddy’s Managing Director, Nicola Callaghan, has said that the ambiguity around expectations for self-isolation are make it more challenging for employers, but pointed out that certain obligations still existed.

“Employers have a legal obligation to ensure the health and safety of their staff and other visitors to their business,” said Nicola. “While this definition is open to a degree of interpretation, it would suggest that they should encourage and support self-isolation within the workplace.

“Although they wouldn’t technically be in breach of any COVID rules if they allowed a person who is infected to work, they could leave themselves liable to legal action should they permit it, and a person is adversely affected.”

She added that the one exception to this rule is those staff working in care or for the NHS, who by law must continue to self-isolate.

HR Caddy says that within self-isolation policies employers must make it clear the length of self-isolation required and clearly indicate whether this period is paid or not.

Changes to the Statutory Sick Pay (SSP) rules this month mean that employers can no longer reclaim the costs of SSP where a person is absent due to a COVID-related illness or self-isolation.

“We understand that this will be challenging for employees and their employers, but clear policies must be in place to protect the interest of everyone,” added Nicola.

“Employees who test positive are recommended to self-isolate for a minimum of five days to protect other members of staff, customers and visitors of a business.”

She added that the end of free COVID testing would make identifying cases of infection harder for workers and their employers and said that businesses may need to consider whether they support employees with the costs involved.

If you need help updating your work policies following the lifting of the pandemic restrictions, please contact HR Caddy by calling 0121 378 3998 or visiting www.hrcaddy.co.uk