The current rules in England require those who test positive for COVID-19 to self-isolate for at least 5 days. Provided that they test negative on both day 5 and day 6 they can leave self-isolation on day 6. Alternatively, if no negative test is achieved, then the full 10-day isolation period should be observed.

However, the Prime Minister announced that (provided the encouraging current data trends continue) then the self-isolation rules are to be replaced by guidance such as, those who test positive should not go to work.

These proposals are anticipated to be confirmed after parliament resumes on 21 February 2022.

https://www.theyworkforyou.com/debates/?id=2022-02-09a.932.6#g932.8

• From 4am on 11 February 2022, all testing requirements were removed for eligible fully vaccinated arrivals and only a simplified passenger locator form will be needed, ahead of half term,

• Arrivals who do not qualify as fully vaccinated will only need to take a pre-departure test in the 2 days before they depart and a PCR test on or before the end of day 2 after they arrive in the UK, in addition to the passenger locator form. These passengers will only need to self-isolate if they test positive.

• Children aged 12 to 15 in England can now prove their vaccination status or proof of prior infection for outbound travel with the digital NHS COVID Pass

https://www.gov.uk/government/news/uks-new-travel-rules-take-flight

The High Court granted an injunction in favour of Warehouse Operatives to prevent Tesco from terminating their employment and re-engaging them on new contracts which do not include a contractual right to enhanced pay which had been incorporated as a result of collective bargaining.

The collective agreement, reached in 2010, stated that the enhanced pay would be a permanent feature of each employee’s contractual entitlements, which would be changed by consent, promotion or a new role.

The Court held that it was appropriate to prevent Tesco from exercising its right to terminate on notice for the purpose of removing the right to enhanced pay, and recognised that Tesco’s intention to terminate and re-engage on inferior terms would cause a significant proportion of the employee’s remuneration to be removed. It was found that damages would not be an adequate remedy in the circumstances therefore the Court granted an injunction.

http://www.usdaw.org.uk/About-Us/News/2022/Feb/Usdaw-wins-High-Court-case-against-Tescos-unfair-f

The Court of Appeal has held that a worker who took unpaid leave, having been wrongly identified as an independent contractor with no right to paid leave, could bring a claim in respect of their entire accrued holiday entitlement under Article 7 (1) of the Working Time Directive 2003.

Therefore rather than a right to leave and a separate right to payment for that leave, the principle followed is that annual leave under the Directive is a ‘single composite right’. Therefore, as the worker had been denied this right (whilst identified as an independent contractor), their full leave entitlement had accumulated year after year without limitation. Additionally, upon termination of the worker’s contract, the entitlement would crystallise for the purpose of a payment in lieu.

It was held that the worker did not need to rely on establishing an unbroken series of deductions (as is required under section 23 (3) Employment Rights Act 1996) but rather the time limit to bring this claim would run from the date of termination, not the date of the last non-payment of holiday pay.

This outcome has significant implications for the way holiday pay claims are calculated, especially for employers whose workers have been incorrectly classified as self-employed as they would be able to claim back holiday pay to the time they commenced employment without having to rely on the ‘series of deductions’ rules which would limit the value of such claim.

https://www.judiciary.uk/wp-content/uploads/2022/02/Smith-v-Pimlico-Ltd-judgment.pdf