Covid-19 Update 17 January 2022 2.30pm

John Cook

Overview

Self-isolation for those with COVID-19 can end after 5 full days following 2 consecutive negative LFD tests
Stay at home: guidance for households with possible or confirmed coronavirus (COVID-19) infection has now been published (17 January 2022 00.16!!).
One question we have been asked is:-
Can an employee that is currently self-isolating make use of the rule change to reduce their self-isolation period to 5 days?
Yes, is the simple answer.

The guidance above states:-
1. What has changed
The self-isolation advice for people with coronavirus (COVID-19) has changed. It is now possible to end self-isolation after 5 full days if you have 2 negative LFD tests taken on consecutive days. The first LFD test should not be taken before the fifth day after your symptoms started (or the day your test was taken if you did not have symptoms). The self-isolation period remains 10 full days for those without negative results from 2 LFD tests taken a day apart.

Examples of when to end self-isolation if you have had COVID-19 symptoms or have received a positive COVID-19 test result. (Please click link below and scroll down to see table).

https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance/stay-at-home-guidance-for-households-with-possible-coronavirus-covid-19-infection

This means that if, for example, your symptoms started at any time on the 15th of the month (or if you did not have symptoms but your first positive COVID-19 test was taken on the 15th), you may take daily LFD tests from the 20th of the month. If your LFD test results are negative on the 20th and 21st, and you do not have a high temperature, you may end your self-isolation period after the negative test result on the 21st of the month.
Comment
It is clear from the example given in the guidance using 15th of the month that this must mean a person who tested positive on 15th January can end their self-isolation on 21st January if they have no symptoms and have tested negative on 20th and 21st.

Pregnant employees new guidance – 14th January
Coronavirus (COVID-19): advice for pregnant employees was updated on Friday 14th January, 17.32.
The previous guidance made a distinction between unvaccinated and vaccinated employees rather than the stage of the pregnancy.  The new guidance reintroduces a distinction based on the stage of the pregnancy.

An individual risk assessment is still the key for all pregnant employees.

The guidance has removed the advice that unvaccinated employees should ‘take a more precautionary approach’.  Instead, in relation to unvaccinated employees, the guidance states:-
‘Unvaccinated or not fully vaccinated pregnant women are at an increased risk of becoming severely ill and of pre-term birth if they contract COVID-19. Therefore, pregnant women should seriously consider getting the COVID-19 vaccine and completing their vaccination schedule to protect themselves and their baby.’

The full guidance is:-
The following recommendations apply for pregnant women who are less than 26 weeks pregnant
All pregnant workers must undertake a workplace risk assessment with their employer and/or their occupational health team if they have one. The risk assessment should be conducted as soon as the employee notifies their employer in writing that they are pregnant. Employers should regularly review the risk assessment as the employee’s pregnancy develops or if the workplace or work conditions change.

Where a significant health and safety risk is identified for pregnant workers, employers should adjust the working conditions or hours to remove the risk, where reasonably practicable to do so, or offer alternative work on the same terms and conditions. If this cannot be done, employers should suspend pregnant workers on full pay. This is in line with normal requirements.

See further advice on health and safety for pregnant workers from HSE.

The following recommendations apply for pregnant women who are 26 weeks pregnant and beyond
Given the clinical data that suggest that risk of complications from COVID-19 increase from around 26 weeks’ gestation, further considerations should be made from this stage. However, general advice on reducing risk of COVID-19 infection applies at all gestations.

All pregnant workers must undertake a workplace risk assessment with their employer and/or their occupational health team if they have one.

Pregnant workers should be supported by their employer with appropriate risk mitigations in line with recommendations provided by the workplace risk assessment. Employers should make sure the controls identified by a risk assessment for example adequate ventilation, good hygiene and cleaning, are applied strictly.

Pregnant workers who continue to come into work should also consider taking lateral flow tests regularly.

Pregnant workers should continue working only if the risk assessment advises it is safe to do so after suitable control measures have been put in place. Pregnant workers should be involved in the risk assessment process and be satisfied that their continued working in the area does not put them or their baby at risk.

Where a significant health and safety risk is identified for pregnant workers, employers should adjust the working conditions or hours to remove the risk, where reasonably practicable to do so, or offer alternative work on the same terms and conditions. If this cannot be done, employers should suspend pregnant workers on full pay. This is in line with normal requirements.

Employers should also offer support by having individual discussions around pregnant workers concerns, see HSE guidance on protecting new and expectant mothers at work.

Some higher risk occupations such those with greater public contact to COVID-19 (including those in some health and care settings) may carry a higher risk of exposure to the virus. In health and care settings this may include working in specific higher risk areas or higher risk procedures as summarised in the guidance on infection prevention and control.

See further advice on health and safety for pregnant workers from HSE.

General Guidance
The general coronavirus guidance starts here:-
https://www.gov.uk/coronavirus

John Cook – Solicitor

John Cook

I am a qualified Solicitor with over 30 years’ experience running a business, managing a team, appearing in the Employment Tribunal and advising on almost every conceivable employment law and HR issue. Clients appreciate my down to earth and straight forward approach that allows them to achieve results and manage their organisation more effectively. I take the worry out of employment law and HR issues with a proactive and robust approach.