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PART 2 E+W

Interpretation of Part 2E+W

6.—(1) In this Part—

“agent” has the meaning given in regulation 9(1)(b);

“designated place” means the place at which a self-isolating worker or a self-isolating agency worker is self-isolating in accordance with [F1regulation 2A or 2B] of these Regulations or regulation 4 of the International Travel Regulations;

“employer”, “employment” and “worker” have the meanings given by section 230 of the Employment Rights Act 1996 M1;

“International Travel Regulations” means the Health Protection (Coronavirus, International Travel) (England) Regulations 2020 M2;

“isolation period” means a period during which a self-isolating worker or a self-isolating agency worker is required to self-isolate;

“isolation requirements” means the requirements in [F2Part 1] of these Regulations or regulation 4 of the International Travel Regulations relating to the circumstances in which an individual who is self-isolating is permitted to leave the designated place;

“principal” has the meaning given in regulation 9(1)(b);

“self-isolating agency worker” has the meaning given in regulation 9(1); F3...

“self-isolating worker” means a worker who is subject to a requirement to self-isolate in accordance with [F4regulation 2A or 2B] of these Regulations, or regulation 4 of the International Travel Regulations.

[F5“testing scheme” has the meaning given in regulation 2D.]

(2) For the purposes of regulation 7, references to a self-isolating agency worker's employer are to be read as including the agent, and any principal to whom the self-isolating agency worker is, or is to be, supplied during the isolation period (where they would not otherwise be the self-isolating agency worker's employer), and for the purposes of regulations 7 and 9 “employment” is to be construed accordingly.

Textual Amendments

Commencement Information

I1Reg. 6 in force at 28.9.2020, see reg. 1(2)

Marginal Citations

Requirement on employers of workers required to self-isolateE+W

7.—(1) Subject to paragraph (2), where the employer of a self-isolating worker or a self-isolating agency worker is aware of the requirement to self-isolate, the employer must not knowingly allow the worker or self-isolating agency worker to attend any place other than the designated place, during an isolation period, for any purpose related to the worker's or self-isolating agency worker's employment.

[F6(2) An employer is not in breach of the requirement in paragraph (1) where the self-isolating worker or self-isolating agency worker attends any place—

(a)in accordance with the isolation requirements, or

(b)where the worker is participating in a testing scheme, at any time when regulation 2D(2) applies to the worker or agency worker.]

Textual Amendments

Commencement Information

I2Reg. 7 in force at 28.9.2020, see reg. 1(2)

Notification by workers of requirement to self-isolate [F7and of matters related to participation in a testing scheme] E+W

8.—(1) Where a self-isolating worker is—

(a)aware of the requirement to self-isolate, and

(b)due to work or undertake any other activities related to the worker's employment during the isolation period, other than at the designated place,

the worker must notify the worker's employer of the requirement to self-isolate and the start and end dates of the isolation period.

(2) The worker must provide the notification required by paragraph (1)—

(a)as soon as reasonably practicable, and

(b)in any event, before the worker is next due to start work within the isolation period.

[F8(3) But a worker is not required to provide the notification required by paragraph (1) if the worker ceases to be subject to the requirement to self-isolate in accordance with regulation 2A or 2B (otherwise than by virtue of regulation 2D(2)) before the worker is next due to start work during what would have been the isolation period.

(4) A worker to whom paragraph (5) applies must notify their employer that—

(a)they are participating in a relevant testing scheme, and

(b)the requirement to self-isolate in accordance with regulation 2B does not apply to them whilst they are participating in that scheme.

(5) This paragraph applies to a worker who was required to provide a notification under paragraph (1) and who—

(a)agrees to participate in a relevant testing scheme, and

(b)after that agreement is given, is due to work or undertake any other activities related to the worker’s employment during what would have been the isolation period, other than at the relevant place.

(6) The worker must provide the notification required by paragraph (4)—

(a)as soon as reasonably practicable, and

(b)in any event, before the worker is next due to start work after they agree to participate in the testing scheme.

(7) A worker to whom paragraph (8) applies must also notify their employer if regulation 2D(2) ceases to apply to them before the end of the isolation period.

(8) This paragraph applies to a worker who—

(a)is, or was, participating in a relevant testing scheme, and

(b)is due to work or undertake any other activities related to the worker’s employment during the isolation period, other than at the designated place.

(9) The worker must provide the notification required by paragraph (7)—

(a)as soon as is reasonably practicable, and

(b)in any event, before the worker is next due to start work after regulation 2D(2) ceases to apply to them.

(10) In this regulation—

“relevant place”, in relation to a worker, means the place at which the worker would self-isolate in accordance with the requirement to self-isolate in regulation 2B, if that requirement applied to the worker;

“relevant testing scheme” means a testing scheme which is not being provided by or on behalf of the worker’s employer.]

Textual Amendments

Commencement Information

I3Reg. 8 in force at 28.9.2020, see reg. 1(2)

Notification in respect of agency workersE+W

9.—(1) Paragraphs (2) to (4) apply in any case where an individual (a “self-isolating agency worker”)—

(a)is subject to a requirement to self-isolate in accordance with [F9regulation 2A or 2B] of these Regulations or regulation 4 of the International Travel Regulations,

(b)is supplied, or is to be supplied, by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal, and

(c)is not—

(i)as respects that work, a worker, because of the absence of a worker's contract between the individual and the agent or the principal, or

(ii)a party to a contract under which the individual undertakes to do the work for another party to the contract whose status is, by virtue of the contract, that of a client or customer of any profession or business undertaking carried on by the individual.

(2) Where a self-isolating agency worker is—

(a)aware of the requirement to self-isolate, and

(b)due to work or undertake any other activities related to the self-isolating agency worker's employment during the isolation period, other than at the designated place,

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) [F10(“the relevant person”)] of the requirement to self-isolate and the start and end dates of the isolation period.

(3) The self-isolating agency worker must provide the notification required by paragraph (2)—

(a)as soon as reasonably practicable, and

(b)in any event, before the self-isolating agency worker is next due to start work within the isolation period.

[F11(3A) But an agency worker is not required to provide the notification required by paragraph (2) if the agency worker ceases to be subject to the requirement to self-isolate in regulation 2A or 2B (otherwise than by virtue of regulation 2D(2)) before the agency worker is next due to start work during what would have been the isolation period.

(3B) An agency worker to whom paragraph (3C) applies must notify the relevant person that—

(a)they are participating in the relevant testing scheme, and

(b)the requirement to self-isolate in accordance with regulation 2B does not apply to them whilst they are participating in that scheme.

(3C) This paragraph applies to an agency worker who was required to provide a notification under paragraph (1) and who—

(a)agrees to participate in a relevant testing scheme, and

(b)after that agreement is given, is due to work or undertake any other activities related to the self-isolating agency worker’s employment during what would have been the isolation period, other than at the relevant place.

(3D) The agency worker must provide the notification required by paragraph (3B)—

(a)as soon as reasonably practicable, and

(b)in any event, before the worker is next due to start work after they agree to participate in the testing scheme.

(3E) An agency worker to whom paragraph (3F) applies must notify the relevant person if regulation 2D(2) ceases to apply to them before the end of the period of self-isolation.

(3F) This paragraph applies to an agency worker who—

(a)is, or was, participating in a relevant testing scheme, and

(b)is due to work or undertake any other activities related to the agency worker’s employment during the isolation period, other than at the designated place.

(3G) The agency worker must provide the notification required by paragraph (3E)—

(a)as soon as is reasonably practicable, and

(b)in any event, before the worker is next due to start work after regulation 2D(2) ceases to apply to them.]

(4) Where a person receives a notification under paragraph (2) [F12, (3B) or (3E)], the person must, as soon as reasonably practicable, supply the information contained in the notification—

(a)if the recipient is the agent, to the self-isolating agency worker's employer (where that person is not the agent or a principal) and to any principals to whom the self-isolating agency worker is, or is to be, supplied during the isolation period;

(b)if the recipient is a principal, to the self-isolating agency worker's employer (where that person is not the agent or a principal) and to the agent, and

(c)if the recipient is the self-isolating agency worker's employer (where that person is not the agent or a principal), to the agent and any principals to whom the self-isolating agency worker is, or is to be, supplied during the isolation period.

(5) Paragraph (6) applies where—

(a)a self-isolating worker is supplied, or is to be supplied, by an agent to do work for a principal under a contract or other arrangements made between the agent and the principal,

(b)the agent is the worker's employer, and

(c)the worker notifies the agent in accordance with regulation 8(1) [F13, (4) or (7)].

(6) The agent referred to in paragraph (5) must, as soon as reasonably practicable, supply the information contained in the notification to any principals to whom the worker is, or is to be, supplied during the isolation period.

[F14(7) For the purposes of paragraph (4) “self-isolating agency worker” includes an agency worker to whom paragraph (3C) applies.

(8) For the purposes of paragraph (5) “self-isolating worker” includes a worker to whom regulation 8(5) applies.

(9) In this regulation—

“relevant place”, in relation to an agency worker, means the place at which the agency worker would self-isolate in accordance with the requirement to self-isolate in regulation 2B, if that requirement applied to the agency worker;

“relevant testing scheme” means a testing scheme which is not being provided by or on behalf of the agency worker’s employer.]

Textual Amendments

Commencement Information

I4Reg. 9 in force at 28.9.2020, see reg. 1(2)