Face coverings – Update

From today 10^th December 2021 Responsible person of a relevant places (indoors) (see link below for list relevant places) must:

• display a notice in a conspicuous location or take other measures to inform people of their legal obligation to wear a face-covering, unless they are exempt; or,
• take other measures to ensure that any person who enters the relevant area without wearing a face covering is given the information that the person is required to wear a face covering unless an exemption applies to the person or the person has a reasonable excuse not to wear a face covering,
• ensure that staff working in any indoor area that is open to the public and where they are likely to come into contact with a member of the public must wear a Face Covering.

Relevant Place means:

• shops and supermarkets (places which offer goods or services for retail sale or hire)
• shopping centres (malls and indoor markets)
• auction houses
• post offices, banks, building societies, high street solicitors and accountants, credit unions, short-term loan providers, savings clubs and money service businesses
• estate and letting agents
• premises providing personal care and beauty treatments (barbers, hair salons, tattoo and piercing studios, nail salons and massage centres)
• pharmacies
• premises providing veterinary services
• retail galleries
• retail travel agents
• takeaways without space for consumption of food or drink on premises
• public transport (aeroplanes, trains, trams, buses, coaches and ferries), taxis and private hire vehicles
• any car or small van during a professionally delivered driving lesson, a practical driving test, or during one of the practical tests for giving driving instruction, and in all HGV lessons and tests
• transport hubs (airports, rail and tram stations and terminals, maritime ports and terminals, bus and coach stations and terminals)
• community centres (including village halls), youth centres, members clubs and social clubs
• libraries and public reading rooms
• polling stations and premises used for the counting of votes
• places of worship
• crematoria and burial ground chapels
• visitor attractions and entertainment venues (museums, galleries, cinemas, indoor theatres, concert halls, cultural and heritage sites, indoor areas at aquariums, zoos and visitor farms, bingo halls, snooker and pool halls, amusement arcades, adventure activity centres, indoor sports stadiums, funfairs, indoor theme parks, casinos, skating rinks, bowling alleys, indoor play areas including soft-play areas)
• public areas in hotels and hostels
• indoor areas of sports stadiums

Required use of the NHS COVID Pass

From 15^th December 2021 NHS Covid Pass on the NHS App will become mandatory for entry into the following venues:

• All Nightclubs
• Settings where large crowds gather, which includes:
• unseated indoor events with 500 or more attendees
• unseated outdoor events with 4,000 or more attendees
• any event with 10,000 or more attendees

This means that those aged 18 years or over must show their NHS COVID Pass, or an alternative proof of a negative test result, such as an email or text proof, to gain entry into these venues.  For more information on this please see the below link:

https://www.gov.uk/guidance/covid-19-coronavirus-restrictions-what-you-can-and-cannot-do#required-use-of-the-nhs-covid-pass

There will be some settings that will be exempt from requirements to use the NHS COVID Pass, these are likely to include communal worship, wedding ceremonies, funerals and other commemorative events, protests and mass participation sporting events.

Please note that the legislation governing Mandatory NHS Covid Pass has not yet been laid before parliament and maybe subject to subtle changes prior to it coming into force on 15^th December 2021.

Self-isolation of workers

Employers must not knowingly require or encourage someone who is being required to self-isolate to come to work.

Further changes to who must self-isolate came into force on 30^th November 2021.  Changes are:

• All adults who are a close contact of someone who has tested positive for coronavirus and it is suspected or confirmed that it is the Omicron variant, MUST Self-Isolate. This is regardless of the below exceptions, which cease to apply in the case of the Omicron Variant.
• those who are participating in coronavirus related research,
• fully vaccinated,
• participating in a clinical vaccine trial, or
• clinically unable to be vaccinated.
• All children who are a close contact of someone who has tested positive for coronavirus and it is suspected or confirmed that it is the Omicron variant, MUST Self-Isolate.

Risk assessment

Employers still have a legal duty to manage risks to those affected by their business. The way to do this is to carry out a health and safety risk assessment, including the risk of COVID-19, and to take reasonable steps to mitigate the risks you identify.

The working safely guidance sets out a range of mitigations employers should consider including:

• identifying poorly ventilated areas in the venue, for example by using a CO2 monitor, and taking steps to improve air flow in these areas
• ensuring that staff and customers who are unwell do not attend the workplace or venue
• providing hand sanitiser to enable staff and customers to clean their hands more frequently, and cleaning surfaces that people touch regularly
• communicating to staff and customers the measures you have put in place

See link for more details on controlling the risk of coronavirus:

https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19

Please note: This information is intended for guidance; only the courts can give an authoritative interpretation of the law.