Criminal Penalties Introduced for Employers Allowing Workers to Work in Breach of Self-Isolation Rules

In a move again criticised, as so much recent COVID-19 related legislation has been, as government by decree, the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (“the Regulations”) were made on Sunday, 27 September 2020 and came into force on Monday, 28 September 2020.

The Regulations introduce a legal duty to self-isolate, breach of which is a criminal offence. They also introduce obligations on workers to inform their employer when they are required to self-isolate and on employers not knowingly to allow them to attend for work related purposes any place other than the place where they are required to self-isolate.

Breach of this latter obligation without reasonable excuse renders an employer and potentially its officers liable to a fine by way of a fixed penalty notice of £1,000, rising to £10,000 for a fourth infraction.

It is important to appreciate that the obligations imposed by the Regulations apply not just to “traditional” employees but also to workers and agency workers.

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