What’s Happening – Video/Multimedia
This video explores changes to self-isolation rules for those testing positive, those who are household contacts of a positive case and those returning from abroad. Amendments have also been made to the requirement to take PCR tests, which now only applies in limited circumstances.
To watch the video please click here.
In the News
COVID-19: Changes to Self-Isolation Rules and Lateral Flow Testing Rules
Changes to the COVID-19 rules regarding self-isolation were implemented on 31 December 2021. The regulations now require individuals who test positive for COVID-19 to self-isolate for only 7 days (as opposed to the previous 10 days) provided that they obtain two negative lateral flow tests, on both day 6 and day 7 (24 hours apart) of their period of self-isolation.
If the tests are still positive on days 6 and/or day 7, then the individual will be required to remain in self-isolation until they have had either two negative lateral flow tests, or for the full 10 days (whichever is soonest).
From 11 January 2022, people in England who test positive for COVID-19 by using a lateral flow test must begin their period of self-isolation immediately, and will not be required to take a confirmatory PCR test. This is a temporary measure introduces whilst the rates of COVID-19 are very high across the UK. Positive tests should be reported on the gov.uk website in order for test and trace to contact them and trace their recent contacts.
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COVID-19: Changes to Travel Rules for Fully Vaccinated Individuals
For fully vaccinated individuals (a person who has received a full course of an approved vaccine at least 14 days before arrival in England), the following changes are effective from 4am on 7 January 2022 for arrivals in England:
Additionally, from 4am on 9 January 2022, fully vaccinated individuals arriving in England will be able to opt to take a lateral flow test instead of a PCR test upon arrival. If the test is positive, self-isolation rules apply and a confirmatory PCR test will be required.
https://www.gov.uk/guidance/coronavirus-covid-19-testing-for-people-travelling-to-england
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COVID-19: Wales Moves to Alert Level 2
Wales increased their COVID-19 restrictions up to Alert Level 2 in response to the Omicron Variant from 26 December 2021 onwards. This saw social distancing and other measures return in a bid to curb rising cases over the winter period.
The regulations affect the whole of Wales and require persons responsible for workplaces, premises open to the public, licenced and retail premises and public transport vehicles to take reasonable steps to provide for 2-metre social distancing. (This is subject to strict exceptions where the ‘rule of six’ has been re-introduced in public premises).
Additionally, it is an offence to participate in gatherings of more than 30 people indoors and 50 people outdoors, therefore nightclubs will have to close.
https://www.gov.uk/government/news/daily-rapid-testing-for-covid-19-contacts-launches-this-week
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Employment Appeal Tribunal: Owner Driver Franchisees not Employees or Workers
The EAT upheld the ET decision that individual owner driver franchisees (drivers) who provided delivery services to DPD were not employees or workers.
The drivers contended that they were contracted as individual drivers but DPD argued that they were independent contractors. The ET decided on the basis of the personal performance (i.e. did the drivers have the right to provide a substitute driver in their place or did it have to be done by them personally) it was clear that the drivers had autonomy regarding substitution to perform the services. There was a clear process set out in a DPD Policy that in the event a substitution was made, the driving licence of the alternative driver must be provided together with their application form for approval by DPD.
The EAT acknowledged that, although the claimants had only ever substituted other drivers in practice, it did not detract from the broad contractual right to use any substitute of their choice at any time subject to the policy requirements. The EAT therefore upheld that the ET correctly analysed the agreement between the parties and was just in its findings that the right of substitution was not consistent with employee or worker status.
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