The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

PART 2

Interpretation of Part 2

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 either regulation 2 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(1);

“International Travel Regulations” means the Health Protection (Coronavirus, International Travel) (England) Regulations 2020(2);

“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 regulation 2 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); and

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

(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.

Requirement on employers of workers required to self-isolate

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.

(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 in accordance with the isolation requirements.

Notification by workers of requirement to self-isolate

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.

Notification in respect of agency workers

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 either regulation 2 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) 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.

(4) Where a person receives a notification under paragraph (2), 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).

(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.

(1)

1996 c.18.

(2)

S.I. 2020/568.