Q: What are employers’ options surrounding reopening offices and workplaces?

Following the Prime minister’s announcement on July 17, office-based businesses in England may re-open from 1 August onwards. This means employers have some difficult decisions to make. The government’s previous advice to work from home where possible and avoid public transport ends from 1 August. The options considered below focus on offices (because the government announcement applied to office-based workplaces) however these options can also apply to other working environments which are permitted to reopen.

The Prime Minister also announced an intended ‘return to normality’ before Christmas, which may involve dropping the two (or one) metre social distancing rule, provided that COVID-19 is in retreat. For the time being the social distancing advice remains in place in workplaces as well as outside work.

Re-opening of offices and workplaces for staff who have been working remotely is at the employers’ discretion. This places the onus firmly on employers to decide how staff can work safely. Employers have four main options:

1. Continue working from home until social distancing is relaxed

Many employers have already undertaken coronavirus specific risk assessments considering the numbers of vulnerable staff, the size of the workplace, feasibility of implementing social distancing and local outbreaks if any. As employers with workforces that cannot work from home have found, adapting premises to accommodate all staff returning on a socially distanced basis is highly challenging.

Employers who have been mostly closed with productive and successful homeworking may simply continue this. The advantages of this approach are:

• Enabling employers to assess if there is a second peak of increased coronavirus cases.
• Waiting until the social distancing advice is retracted so less adjustments need to be made the workplace.
• Reduced costs of running premises and environmental benefits of less travel.
• Less management issues with employees who are too vulnerable or anxious to return. 

The disadvantages are:

• Possible negative impact on new business.
• Mental health difficulties especially for those with pre-existing conditions or who live alone.
• Difficulties in motivation, communication, accountability and monitoring performance.
• Decrease in staff integration and teamwork. 
• Software or IT security concerns.

2. Delegate the decision to employees 

Employers can partially re-open offices, asking employees if they would like to attend. The Prime Minister expressly said that employers’ discretion to decide how staff could work safely whether from home or in offices should be taken in consultation with workers. Employers could then open on a voluntary basis from 1 August or any later date.

As part of the coronavirus specific risk assessments many employers have already asked staff to confirm if they would like to return to the office to assess likely numbers as part of any social distancing planning. The office-based numbers would therefore be restricted either by the employees’ choice or by the employer placing a cap on numbers.

The advantages of this approach are:

• Employers can slowly introduce their proposed COVID-19 secure working practices with a reduced workforce in place.
• Some staff who live alone or who have had mental health difficulties at home may be keen to return.
• Employees who are too vulnerable or anxious to return are easily accommodated with less time needed to manage their particular circumstances.
• Allowing choice minimises possible employment claims such as breach of health and safety duties. 

The disadvantages are:

• Lack of consensus between staff.
• Potential resentment between those who are working and those who are not, for example those coming into the workplace may require more payment as they are incurring daily transport costs and those working from home are not.
• Potentially delaying preparation, for example, if social distancing is continued beyond December then employers may have to address this at some point.

3. Fully re-open 

Employers can choose to re-open fully from 1 August or a later date in the Autumn with compulsory attendance for all employees. Employers will obviously need to follow social distancing and COVID-19 secure working practices.

The advantages of this approach are:

• Staff who live alone or who have had mental health difficulties at home may be keen to return.
• There is less scope for conflict between staff where some return and some do not.
• Employers who find a physical presence attracts business may experience commercial advantages.
• Employees who are vulnerable or anxious about returning should be carefully supported to return.
• Opportunities for easier staff integration and team work, face to face communication, accountability and monitoring performance.

The disadvantages are:

• Complying fully with the extensive social distancing and COVID-19 secure guidance.
• Risk of claims if employees can prove they were infected with the virus at work due to the employers’ failings. Potential claims including negligence for breach of their duty of care towards employees or claims under section 44 of the Employment Rights Act. Such claims relate to employees who suffer any detriment for refusing to return to work when they have a reasonable belief of a serious and imminent danger. Other claims include whistleblowing or making protected disclosures which they reasonably believe to be in the public interest and discrimination claims especially age or disability related.
• If home working has continued well throughout lockdown then it is hard for employers to impose a blanket return and justify not making exceptions for employees with particular vulnerabilities or circumstances.

4. Remain completely closed for longer

Some employers may decide to remain completely closed with staff on furlough. This is possible whilst the furlough scheme is operational until the end of October.

 

The advantages of this approach are:

• Continued furlough pay for at least part of the total wages cost.
• The ability to wait until schools have returned in September and assess how many infections there are both in the local area and nationally.
• Waiting until the social distancing advice is retracted so less adjustments are need to be made to the workplace.
• Reduced costs of running premises and environmental benefits of less travel.
• Less management issues with employees who are too vulnerable or anxious to return. 

The disadvantages are:

• Significant negative impact on business.
• Wage cost of paying employer NICs and pension contributions in August with the addition of 10% and 20% of wages in September and October to make up 80% total up to a cap of £2,500. 
• The furlough scheme closes in November 2020 so this is only a short-term option.
• Mental health difficulties especially for those with pre-existing conditions or who live alone.
• Potentially delaying preparation, for example, if social distancing is continued beyond December then employers may have to address this at some point.

A final advantage for employers who bring back someone who was previously furloughed and continuously employ them through to January is that they will receive a £1,000 bonus per employee. This will apply under most of the above options if staff were furloughed and will apply to employees who earn at least £520 per month on average from November to the end of January.

Employers need to take an individualised approach assessing the three key tests recommended by the CIPD before bringing their people back to the workplace: is it essential; is it sufficiently safe; and is it mutually agreed? This will involve taking into account many factors including the size and nature of their workplace, numbers of vulnerable staff or those who live with vulnerable people, caring responsibilities, public transport dependency, local outbreaks and a potential second wave. For example, an employer with a large business park premises and car park may be able to implement social distancing and minimise employees’ local transport use, whereas an inner-city employer with smaller premises is evaluating different factors. Employers should look to consult with their staff so they can understand people’s concerns, what they can do to put them at greater ease and how they can make the return to work safer and less stressful. More information is available in the return to the workplace guide.

 

From <https://www.cipd.co.uk/news-views/coronavirus/faqs/returning-to-workplace>

 

Q: From a health, safety and well-being perspective, what are the employer's obligations about managing a return to work?

From 1 August Government guidance outlines that:

• Office workers may cautiously return to work from 1 August if it is safe to do so.
• The Government's previous advice that workers should continue to work from home wherever possible and avoid public transport ends from 1 August.
• Any return to work by office staff is at the employers' discretion. The onus is therefore on employers (not the Government) to decide how staff can work safely. This could mean continuing to work from home, or making workplaces safe by following COVID-secure guidelines instead of working remotely.
• All workers who travel to work if their workplace is open should wear face coverings when travelling on public transport.

The July announcement included an intention for a return to normality before Christmas which may involve dropping the two (or one) metre social distancing rule, provided that COVID-19 is in retreat. The Government previously advised every workplace should be COVID-19 secure and guidelines are now available to help employers ensure workplaces are as safe as possible, including specific guidance for offices and contact centres. Whilst employers should take account of the ongoing guidance from the UK government, employers should also consider the general law, for example by assessing the risks to employees, clients and customers. 

Scotland, Wales and Northern Ireland are giving different advice, including staying at home for longer so employers should ensure they keep up to date with different guidelines in different areas.

Consultation

The Prime Minister also mentioned that working from home or in offices should be undertaken in consultation with workers. It is sensible if employers consult with their employees about any return to work and the proposed new infection control arrangements; good communication is essential. Employers should discuss return-to-work issues with individual employees before any physical return to office as part of a sensitive and supportive conversation with their line manager. This should be part of a broader re-induction process that takes on board any adjustments or ongoing support that people may need following lockdown. Employee engagement will help identify support and ensure teams feel more confident about returning. Where relevant employers should also seek union input for any return to work measures.

Risk assessments

Employers should undertake risk assessments which will need to be reviewed as government advice continues to change. You may wish to refer to the Health and Safety Executive website for more information. A risk assessment has a crucial role in ensuring a safe return to the workplace process. The end goal is to adopt appropriate control measures which reduce or remove the risks of contracting Covid-19 when returning to work. The risks around visitors entering the workplace, such as customers should be assessed too as there is also a legal obligation to ensure their health and safety.

Health and safety duties

Employers have a contractual duty to take care of employees’ health and safety and other statutory duties too including:

• Implied duty to protect the health and safety, of all employees.
• Duty to look after both the mental health and physical health of employees.
• Duty to protect members of the public, clients, customers and contractors.
• Duty to manage the health and safety risks from the workplace itself including equipment such as hand driers and air conditioning systems which may circulate viruses although there has been little research on this. Other workplace issues include cleanliness and washing facilities.
• Provision of safe systems of work possibly including provision of PPE subject to availability.
• Information and training (including reminding employees of their responsibilities in meeting health and safety requirements).

Well-being

Employers’ health and safety duties extend to mental health and well-being as well as physical infection control measures. Risk assessments should cover managing mental health and well-being aspects too. You may wish to refer to the Health and Safety Executive stress risk assessment tools.

Employees with new working arrangements in the workplace and working from home can suffer from stress or mental health issue maintain contact and look for signs of problems. Employees who have been furloughed should be included.

As well as implementing or reviewing policies and procedures and proactively monitoring and keeping in contact, employers should point staff to other support that is available. Managers may need fresh training in recognising the symptoms of poor mental health so they can signpost to early intervention and expert support such as occupational health, an employee assistance helpline.

If an employer becomes aware that particular employees are struggling with their mental health, they should conduct individual risk assessments for both home and workplace workers. Individual risk assessments will be warranted in many other cases too.

Home working

Employers have the same health and safety responsibilities towards those working from home as for any other workers, including physical mental health see the guidance on protecting home workers.

 

Q: What steps should employers take before employees return to work?

On 10 May 2020, the Government started to outline plans to enable certain sectors in England to return to work, culminating in the Prime Minister's announcement that from 1 August employers have more discretion, and can make decisions about how their staff can work safely. Employers can decide that staff who have previously operated from home can continue to do so or they can follow official guidance on returning to the workplace which continues to emerge. The devolved administrations in Scotland, Wales and Northern Ireland have maintained a longer period of lockdown but progressive changes apply in those regions too.

Employers should attempt to reduce risk for employees being exposed to coronavirus, keep their options open and have the capability to adapt plans as the situation and advice evolves. A number of key considerations that employers must check before asking employees to return to work are set out below.

Comply with current Government guidance

Employers should check the current government advice on returning to work including the Working safely during coronavirus guidance for specific sectors, including for offices and contact centres. Employers must make attempts to implement this guidance, otherwise employees may be entitled to refuse to return.

Undertake a thorough risk Coronavirus specific risk assessment

Employers should keep risk assessments under review and should keep evidence that safety measures were implemented and complied with. They should also consider who they are asking to come into work and if it’s safe to so. This will entail considering the government’s specific guidance to employers covering measures such as increased workplace cleaning, changing office layouts, keeping a safe distance at work, supplying safety equipment etc. Employers who have complied with their duty of care, conducted thorough risk assessments and implemented safety measures, will be in a stronger position to ask employees to return to workplace.

Review written health and safety policy

Employers should have a written policy on health and safety if they have more than five employees. For those with fewer than five employees, there should still be a health and safety policy, although it doesn’t have to be written down. The arrangements section in the policy should say how the employer will meet its commitments, including elimination or reduction of the risks and hazards in the workplace.

Take steps to comply with health and safety obligations

Employers have a duty to protect the health and safety of employees, and under the Employment Rights Act (s.44), employees are further protected if they refuse to return to work because they reasonably believed there was a serious and imminent danger to themselves or others. Coronavirus classifies as a danger and is a potential reason not to return to work. Employers will need to keep evidence to show they attempted appropriate measures to provide a safe working environment. Employees could insist on staying at home, refuse to return to the workplace or could choose not to do certain tasks if they feel employers have not taken appropriate measures to provide a safe environment.

Provide training and communicate with employees about the necessary steps

Under the Health and Safety at Work etc Act 1974, employers must provide appropriate information, instruction, training and supervision to ensure the health and safety of employees. Further legislation requires training following exposure to new or increased risks, which includes coronavirus, and consultation with employees or their representatives on issues relating to health and safety.

Take reasonable steps

Remember the Health and Safety Executive (HSE) will be doing spot checks and issuing sanctions to ensure that workplaces are safe, and that employers have taken reasonable action.

Insurance

Employers may wish to check their employer's liability, management liability or directors and officers (D&O) insurance cover as well.

If employers fail in their responsibility to provide a safe working environment and there is a genuine health and safety risk from being required to attend work, this can amount to a breach of the duty of care and of the implied term of mutual trust and confidence. This links to potential constructive unfair dismissal and disability discrimination claims. If employees contract coronavirus as a result of inadequate steps being taken there could also potentially be personal injury claims against the employer.

For further advice see our see our COVID-19: returning to the workplace guide.

 

Q: What is the legal and moral position on encouraging vs mandating return?

The legal and moral position for employers on encouraging employees to return is a difficult decision to make. Whilst the Government in England is giving employers more discretion from 1 August onwards and asking them to make decisions about how their staff can work safely, different advice applies in Scotland, Wales and NI. Working safely can mean continuing to work from home, or it could mean making workplaces safe by following COVID-secure guidelines. Whilst employers can move from working from home to a return to the workplace there is no legal obligation to do so.

Employers have to undertake a balancing act taking into account:

• managing the health risks employees face in the workplace and travelling to work from potential exposure to the virus
• financial pressures of their business
• the fact that the furlough scheme has reduced payments before coming to an end
• the potential £1,000 bonus payable to employers in January for retaining certain previously furloughed employees
• the safety risks that new working practices may present to employees and others whilst the threat of infection from COVID-19 remains
• problems faced by those needing childcare or who are clinically extremely vulnerable.

The CIPD is urging businesses to ensure they can meet three key tests before bringing their people back to the workplace:

Is it essential? If people can continue to work from home employers should consider them continuing to do that for the foreseeable future. If they cannot work from home, is their work deemed essential or could the business continue to use the Government’s Job Retention Scheme for longer, giving them the time needed to put safety measures and clear employee guidance and consultation in place?

Is it sufficiently safe? Employers have a duty of care to identify and manage risks to ensure that the workplace is sufficiently safe to return to. Employers should take their time with gradual returns to work to test health and safety measures in practice and ensure they can work with larger numbers before encouraging more of their workforce back.

Is it mutually agreed? It’s vital that there is a clear dialogue between employers and their people so concerns, such as commuting by public transport, can be raised and individuals needs and worries taken into account. There will need to be flexibility on both sides to accommodate different working times or schedules as ways of managing some of these issues.

 

Q: How do we respond to an employee who is needed at work but has childcare issues despite their child’s school being open?

This situation could arise because:

• The school is open but the employee doesn’t feel comfortable sending their child in.
• Their child’s school hours are limited.
• The employee can’t send their child back because they are concerned about a vulnerable adult at home (although formal shielding stops from the end of July). More information is available in the shielding guide.

If an employee is needed at work but has childcare issues despite their child’s school being open, employers should proceed carefully. Ultimately employers may be able to require employees to put other childcare in place so they can return to work, however the initial approach should include fully discussing matters and exploring alternatives.

In all three of the different scenarios dealt with below, employers should listen to, and attempt to address, the employee’s concerns. Alternative options to consider include whether the employee can be redeployed to a homeworking role, or put on furlough leave, unpaid leave or unpaid parental leave. Other options include annual leave and statutory time off for dependants. Flexible working, part-time working, adjustments to hours and duties and so on, may also be relevant. All these alternatives would need to be agreed. Some employers are reducing the numbers of staff in the office at any one time. Any agreed changes are likely to be temporary as school attendance is compulsory again from September onwards.

The school is open, but the employee doesn’t feel comfortable sending their child in

Some employees may refuse to return to work once schools re-open if they feel schools (or their workplace) are unsafe. Employers cannot insist that employees send their children back to school. It is not the employer’s decision whether employees’ children attend school. Attendance for the 2020 summer term was not compulsory but attendance for the Autumn term is mandatory.

Employers may be able to require the employee to come into the workplace if it is safe, in which case the employee will have to try and make alternative childcare arrangements.

The employer should listen to the employee’s concerns and consider employees’ proposals about working and accommodate them as far as practicable. Options to consider include continued working from home although Government guidance from 1 August onwards is that employers can re-open workplaces as employers have discretion to make decisions about how their staff can work safely.

If employers decide to continue home working to assess whether there is a second wave of the virus then employees with younger children may find working from home difficult, such employees should be able to access their normal childcare or may be able to do work at other times of the day, or work when a partner or family (if any) is available to share childcare. Other options include those set out above.

Childcare options

Advice on self-isolation and social distancing, especially for grandparents with clinically vulnerable conditions, make it more difficult for employees to make alternative arrangements for the care of their children, although other members of the same household may be able to assist, or childminders could be used.

For further discussion on employees’ entitlement to paid time off during school closures, see our Managing remote working and business closures FAQs.

The employee is worried about sending their child back because they are living with a vulnerable adult

If employees are concerned about sending their children back to school because they are worried about a vulnerable adult at home, then the employee may want to keep the child at home after the summer holidays. Depending on the nature of the vulnerability, and the age of the child, the person being shielded may be able to provide childcare or home education.

Employers can attempt to discuss matters with employees and reach an agreed solution. This could consist of the alternative options referred to above, including working from home, adjusted working hours, perhaps adjusted tasks that can be undertaken at home or limited furlough leave. Statutory sick pay is an unlikely option but depends on the exact situation.

If none of these options are feasible, the employee will have to try to make alternative childcare arrangements.

If an employee lives with a highly vulnerable person there is a risk of an associated discrimination claim if employers require those employees to return to work without taking the vulnerability of the shielded person into account even after formal shielding ends. Associative discrimination claims may be attempted if an employee is treated less favourably due to the disability of their disabled household member. An employee can claim associative discrimination if they refuse to attend work because someone in their household was shielding or is highly vulnerable. Normally this relates to workplace risks, but the claim could also be attempted because of childcare issues linked to the shielding person.

Risks of disciplining and dismissal

Before the pandemic, an employee refusing to attend work would lead to disciplinary procedures and ultimately dismissal. This remains a final option, but there are many risks in doing so, and alternative solutions should be exhausted first. If all other options fail, in all employment contracts there is an implied term that employees must follow their employer’s lawful and reasonable instructions. Employees can potentially be disciplined as a last resort if a continued long-term refusal to attend work is unreasonable. Realistically schools will reopen in September and if employees still refuse to come into work then, this is likely to be unreasonable.

There is a risk that disciplining employees for refusal to work due to childcare issues will result in a sex discrimination claim. Some employees with mental health issues may be especially anxious about their children or travelling on public transport or returning to work themselves. If an employee’s mental condition constitutes a disability the employer should take extra care in attempting to accommodate their request. Compensation for employees who are found to have been discriminated against is uncapped.

Employers should also remember that as well as concerns about their children, employees may have concerns about the safety of the workplace (see What if our people can't come back - or don't want to travel on public transport?). If employees’ concerns relate to returning to the workplace rather than childcare, then they can claim to have suffered a detriment on health and safety grounds, or claim automatically unfair dismissal if the employee reasonably believes there was a serious and imminent danger which led to their refusal to return to work. Whistleblowing claims may also be attempted.

For further information on the balancing act concerning employees returning to work, see What is the legal and moral position on encouraging vs mandating return?

 

Q: What do employers need to know about the reopening of schools?

Employers may be faced with employees stating they cannot return to the workplace due to childcare issues. Both employers and employees should fully understand local authority and Government advice concerning returning to work and the reopening of schools as national and regional plans with respect to schools are changing as the pandemic progresses. There is a great deal of regional variability. In summary, schools closed on 23 March, except for key workers' children and vulnerable children. There was some staged re-opening for certain year groups in the summer term. Primary and secondary schools are scheduled to fully re-open from September.

Employers should undertake risk assessments and take the health and safety steps summarised in the FAQ 'From a health, safety and wellbeing perspective, what are the employer's obligations about managing a return to work?'

Is school compulsory? 

It was not compulsory for parents to send their children to school during the 2020 Spring and Summer terms, even if the children were in the relevant year groups undergoing staged reopening. It is, therefore, difficult for employers to insist on school attendance that is not compulsory anyway. Government guidance and announcements stated that only state children in the relevant year groups were expected or strongly encouraged to return. Financial penalties for parents who don’t send eligible children back will be applicable in the new academic year with the reintroduction of mandatory attendance.

School plans by year group and nation 

Employers should be aware that not all employees can send their children back to school immediately. Relevant factors include the ages of the employees’ children and the local authority policy. 

In England: From the week commencing 1 June, some primary and secondary schools opened gradually in certain local authorities for the following year groups:

• pupils in Reception, Year 1 and Year 6
• some secondary Year 10 and 12 students (who received some contact time with teachers between 15 June and the start of the summer holidays). 

Different local authorities and parents have made different decisions concerning attendance.

Different rules apply in Scotland, Northern Ireland and Wales as follows.

In Scotland: Child-minders and outdoor nurseries for early years already reopened. All other early years’ childcare providers will open in phase 3. Older pupils’ schools are scheduled to begin to reopen on 11 August for the beginning of the autumn term. Scottish school hubs have already been supporting vulnerable pupils and the children of key workers, including during the summer holidays. The early August return will involve a blended model of school and online learning. There will be some special support over the summer for children due to start primary or secondary school. 

In Wales: Early years reopened on a phased basis on 22 June followed by older school year groups, one-third of pupils at time from 29 June.

 

In Northern Ireland: Early years school provision will expand to full time basis in the final stage of step five on a date as yet unspecified. Pupils in years 7, 12 and 14 to return part time on 24 August. Social distancing of 1m permitted for children (as opposed to 2m for adults).

School plans 

For employers who wish to try and address employees’ concerns about schools, there is extensive government guidance for both schools and parents including provision for classes of no more than 15 children with one teacher with staggered breaks, lunches, arrival and departure times. Primary school heads are still planning for the last month of term while only allowing 15 children per classroom. There is also guidance on ventilation, water systems, increased cleaning and reduced use of shared items and discouraging taking home things like books. 

For the rules in Scotland, Northern Ireland and Wales, see Are the lockdown rules different in Scotland, Ireland and Wales?in our Managing remote working and business closures FAQs.

 

Q: Some of my employees have children returning to school and others do not. How do I manage this consistently?

Tension may arise in the workplace if some employees decide to send children back to school but others decide to keep the children off even though attendance is mandatory and refuse to return to work as a result.

Employers must behave fairly. Some employees may help by volunteering to return and employers should keep a record to show that they have done so. Problems will arise of there are perceived inequalities of treatment. Ultimately employers may need to manage a situation where some employees continue to work from home and others return to the workplace perhaps incurring childcare costs. Employers have to balance continued working from home against trying to create a safer working environment for employees. The balance is different for every business and the risk can differ from week to week and in geographical locations, for example a re-imposition of complete lockdown in Leicester in late June.

Employers may have to decide which employees are needed to return to the workplace, if at all, taking into account factors such as:

• proximity
• role
• availability of transport for employees
• clinically extremely vulnerable workers who were shielding or who are clinically vulnerable
• caring responsibilities and ages of children
• those with a disability and the duty to make reasonable adjustments.

Those fully recovered from coronavirus should not be used as a sole criterion in planning those who return as it is not known how long immunity (if any) will last.

Are staff all needed in the workplace?

Employers should assess risks and carry out a careful analysis of their staffing requirements deciding how many are physically needed in the workplace. Although Government advice leaves working from home or in the workplace to the employer's discretion from 1 August different advice applies in Scotland, Wales and Northern Ireland.

As part of staff planning, employers should continually consult government websites for updated advice to ensure they understand what’s happening regarding workplace and school re-openings and advice.

For further information on recommendations for different types of vulnerable people, see our question How do we decide who comes back and when (taking into account people who have had coronavirus already, those who need shielding, personal preference etc)? or government advice on COVID-19: guidance on shielding and protecting people defined on medical grounds as extremely vulnerable.

 

Q: Where does liability sit if employees catch coronavirus at work or on the way to work?

Government advice now states that from 1 August onwards employers have more discretion about how their staff can work safely. This could mean continuing to work from home, or making workplaces safe by following ‘Covid-19 Secure’ guidelines. This advice applies in England but different advice applies in Scotland, Wales and NI.

Liability

Employers have existing contractual and statutory duties to take care of employees’ health and safety. If employees can prove they caught coronavirus at work and the employer cannot show they have taken appropriate steps to prevent this, the employer could be liable for the employee’s losses. Some employees may be unable to work for some-time and some may have more serious long term health implications. Depending on the levels of Covid-19 in the UK population, and the success of the government’s test and trace system it will be difficult for employees to prove they contracted the disease at work. Although it should be rare, some employees may be able to establish the employer unnecessarily exposed them to danger and risk. Potential liabilities include health and safety protections, unfair dismissal and discrimination claims. 

In the medical research, health and care sectors workers who subsequently develop coronavirus may have reasonable evidence that the exposure arose from the workplace. In other contexts, it will be harder to prove. However, there are many potential liabilities for failure to take care of staff, particularly if they are especially vulnerable. It is better for employers to be able to show that appropriate protections and adjustments were taken. For further details of employers’ duties see the FAQ on health and safety following return to work.

Managing risks

Employers should keep records to show that they have conducted appropriate health and safety risk assessments to identify and manage risks appropriately and that they have:

• Undertaken workplace safety audits.
• Updated policies and procedures.
• Identified potentially hazardous situations.
• Made changes to reduce exposure.
• Trained employees and communicated new policies and procedures to them.
• Monitored the workplace to ensure compliance by employees with new health and safety rules, policies, practices and procedures.
• Performed random checks and kept ongoing compliance reports in regular ongoing efforts to ensure compliance.
• Encouraged reporting of problems and have an open environment that welcomes feedback.

Some relevant legal aspects are set out below, and some practical steps are summarised in the FAQ on social distancing in the workplace.

Other duties at work

As well as the overriding duty to care for employees’ health and safety the following duties apply:

Risk assessment: Employers who have employees returning to their usual workplaces will need to ensure that they have conducted appropriate health and safety risk assessments to identify and manage risks appropriately. All employers in England should follow Government and Public Health England advice guidance to manage the workplace environment, for example by implementing social distancing measures wherever possible as these are expected to remain in place until December. Government advice on how to manage workplace risk and make your businesses ‘Covid-19 secure’ is available on the Government website.

Reporting: The Health and Safety Executive (HSE) has issued guidance on reporting cases of Covid-19 under the 2013 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). Reports will only be needed if:

• A worker has been diagnosed as having coronavirus and there is reasonable evidence it was caused by work exposure. This must be reported as a case of disease.
• An unintended incident at work has led to someone's possible or actual exposure to coronavirus, this must be reported as a dangerous occurrence.

Such incidents are more likely to occur in a laboratory, health or care setting. HSE guidance does not suggest that every case of Covid-19 in the workplace is reported and it is unlikely that extensive RIDDOR notifications will be made. Employers must consider the individual circumstances when they decide whether to report.

If employers do not take appropriate steps to comply with the relevant law and guidance such as social distancing at work or ensuring workers in formerly 'shielded' or vulnerable categories follow NHS advice to self-isolate, the HSE could simply provide advice or issue enforcement notices. The HSE will be conducting spot inspections and responding to reports from concerned individuals. In Scotland and Wales the police can enforce social distancing in the workplace.

Travelling to work

The Government advice in England (but not Wales, Scotland or NI) from 1 August onwards is to give employers more discretion about how their staff can work safely. This could still mean working from home, or making workplaces safe by following COVID-secure guidelines and maintaining social distancing. It will be difficult for employees to prove that they contracted the disease travelling into work and that the employer should be liable. However, employers may be liable if employees can show that they were unnecessarily exposed to risk when there were alternatives available. 

Government advice is to use public transport wearing mandatory face coverings and employers may also consider, where possible:

• Provision of parking spaces.
• Secure bicycle parking.
• Shower facilities.
• Flexible or staggered working hours by agreement to enable employees to avoid more crowded public transport.
• Special provisions for vulnerable staff eg elderly, pregnant, and those with impaired immunity helping them to avoid public transport or its use at peak times.

You can find more information on staggered working hours in our flexible working guide.

 

Q: Social distancing is going to be very difficult in our workplace, what should we do?

Employers need to put people first and safeguard their health and well-being; continued homeworking is an option every role that can be carried out remotely. If social distancing can’t be done properly or safely, employers should act responsibly in line with their legal obligations to ensure the health and safety of both their employees and any visitors to their site. Employers should consider who really needs physically to be in the workplace. It may be possible to reorganise any non-essential workplace based work, as people’s health and safety is paramount. Employers should listen to people’s concerns about returning to work and allow for a period of adjustment and putting plans in place. For many businesses, easing lockdown restrictions will be a more challenging, complex and drawn-out process than the original lockdown.

Employers with health and safety and occupational health and facilities management teams should work closely with them and refer to the government website for the latest advice, including the Covid-19 secure workplace guidelines. They should also communicate and consult with employees about the measures to be introduced, including with any recognised trade unions and/or employee representatives.

As social distancing is likely to continue to apply for some time, to ensure that staff numbers allow for this employers can consider:

• shift working in teams
• office redesign
• home working 
• other atypical working patterns. 

These methods will reduce the number of people in the workplace. Changes to contractually agreed working hours will usually need employees’ agreement.

Government advice

Everyone should follow the new government ‘Covid-19 Secure’ guidelines. As well as attempting adjustments to help maintain social distancing, guidance on hygiene is essential as evidence suggests that the virus can exist for up to 72 hours on some surfaces. Government advice has suggested:

• England: Wearing face coverings in enclosed spaces where social distancing isn’t possible and is compulsory on public transport and when visiting hospital or attending as an out-patient from 15 June. From 24 July face coverings are mandatory in shops and supermarkets as well. Children under 11, some disabled people and those with breathing difficulties are exempt. Medical standard PPE, including masks, should continue to be reserved for health and care workers.
• Scotland: face coverings are mandatory on public transport and in shops. Exemptions apply for children under five and some transport workers, including drivers separated by a perspex screen. There are also exemptions for people for whom a disability prevents them from wearing a face mask.
• Northern Ireland: face coverings are compulsory on public transport.
• Wales: face coverings are mandatory on public transport from 27 July and three-layer face coverings are required where social distancing is not possible.

Other key recommendations include:

• Frequent cleaning, especially communal surfaces like door handles or lift buttons and communal areas like bathrooms, kitchens and tea points.
• Ventilation of indoor spaces, as evidence suggests the virus is less likely to be passed on in well-ventilated buildings and outdoors. As well as leaving windows open, external extractor fans can maximise the flow of fresh air.
• Washing clothes regularly. Changing clothes in workplaces should be considered where there is a high infection risk or highly vulnerable people, such as in a care home.
• Avoiding crowds where possible, and allowing the use of more entrances and exits to buildings and staggering entry and exit points. 
• Reduction of the number of people in a work setting by changing shift patterns and rotas. Employees can be matched with the same team each time as well as splitting people into smaller teams. You can refer to our flexible working measures guide for more information on staggered shifts.

Other practical steps

Safe work practices to limit exposure to Covid-19 at work include both overall control measures and minimising workers exposure to each other. Flexible leave and remote working should still be encouraged wherever possible to limit presence at the workplace. The following are just some examples of control measures depending on the nature of the role and workplace.

Reducing numbers

• Staff can continue work from home at the employers' discretion.
• Anyone with symptoms (or who lives with someone with symptoms) should stay at home.
• Return to work procedures need to be co-ordinated with any other businesses who share the building.
• Consider delivering some services remotely so that that only workers who are essential to the job are present at the workplace.
• Adjust working hours (by agreement) or stagger start and end times. There could be two staff groups with half working from home one week and half in the office the next.
• Reduce large unnecessary meetings and minimise the presence of third parties such as clients or customers.
• Encourage online or telephone orders, contactless delivery and physical distancing both inside and outside the premises.
• Stagger lunch and tea breaks to reduce the number of people sharing communal staff rooms.
• Limit numbers entering toilet facilities so that only one person at a time enters.
• Working from home may still be considered for vulnerable workers including older people, pregnant women, those with chronic conditions (including lung or heart problems, diabetes, cancer treatment or the immunosuppressed). Workers with close family members who are at high risk may also need special arrangements.

Physical barriers

• Reduce physical contact between workers and distance or isolate workers whenever possible.
• Reassess the layout of work stations to ensure safe distances.
• Reassess how many workers can be accommodated and use spare offices and meeting rooms to spread staff out.
• Consider barriers and empty desks between workers in the workplace as well as two- metre distances between staff. Plastic sheeting, partitions, and solid storage units may be appropriate.
• End hot desking.
• Encourage pick-up or delivery of goods outside the premises leaving goods to quarantine for a period where possible.

Safety equipment and facilities

• Provide anti-bacterial gel, PPE, masks, sanitation gel and wipes for all staff where possible and in appropriate sectors, in line with the latest Government advice. Train workers in correct use of PPE, facemasks and gloves if appropriate.
• Consider separating facilities such as toilets, cafeterias etc for staff and visitors.

Training and communication

• Communicate and consult with employees and line managers on plans to reopen and about any new rules and policies that apply. Refer to the Government guidelines where appropriate.
• Involve and consult with recognised trade unions and/or employee representatives where appropriate, especially where changes to working hours and other terms and conditions are needed.
• Send email reminders and display signs around the workplace to raise awareness of measures adopted.

Cleaning

• Increase the regularity of deep cleaning especially desks, surfaces, door handles, tools and other surfaces that people touch regularly. Leave doors open (subject to fire risks).
• Advise workers to wash their hands frequently and effectively and restock facilities regularly.
• Ensure waste bins lined with a plastic bags so that they can be emptied without touching the contents.

Employer should keep checking the government website for the latest guidance and remember that the physical, emotional and mental well-being of the workforce must remain the key principle behind any plans to return to the workplace.

 

Q: How do we decide who comes back and when (taking into account people who have had coronavirus already, those who are vulnerable, personal preference etc)?

From 1 August onwards Government advice is that employers have discretion to decide how their staff can work safely. This could still mean those who can work from home should continue to do so or can mean making workplaces safe by following COVID-secure guidelines. Different advice applies in Scotland, Wales and NI where people are all currently advised to continue to stay at home.

The Government has released guidance outlining how workplaces can operate safely during the pandemic and so many employers will now be looking to prepare for a return to the workplace. Part of this will be deciding which employees can safely return to the workplace.

Selecting employees

If employers are selecting certain employees to return to the workplace (rather than requiring everyone to do so), employees must be selected fairly. Some employees may volunteer, and employers should keep a record to show that they have done so. You may wish to use the HR-inform return to the workplace conversation template. Decisions will also have to be based on factors such as availability of transport for individual workers to get to a physical workplace.

Employees who have fully recovered from Coronavirus may seem an obvious choice to return to work but employers should not use this as a criterion. There is currently little evidence about the extent to which people who have recovered from COVID-19 and have antibodies are protected from a second infection. It is not known how long immunity (if any) will last although antibody testing is becoming more widely available. In addition, some people who have had the virus will be left with long term health difficulties.

Clinically extremely vulnerable workers who were shielding and those with caring responsibilities should be prioritised to remain at home if home working is continuing, taking account of the risk of age, sex and disability discrimination and, in particular, the duty to make reasonable adjustments for workers suffering from a qualifying disability.Employers need to consider how to balance the needs of individual employees with showing fairness and consistency across the workforce, to promote inclusion as much as possible.

 

For further information on the different recommendations for different types of vulnerable people see our FAQ on people returning to work that are shielding or the latest Government advice on shielding. The advice is updated because the shielding programme is expected to be paused on 31 July.

Employers who are making decisions about who comes back may wish to check they are protected by their employer’s liability, management liability or directors and officers (D&O) insurance.

 

Q: How do we go about staggering working hours to ensure not all staff are in at the same time?

To ensure staff are not all in at the same time there are many methods that can be adopted.

• The Government advice (dated 11 May) suggested that employers should consider staggering working hours thereby reducing demand on the public transport network, walking or cycle where possible. Although advice is no longer to avoid public transport as long as face coverings are work employers may still wish to expand bicycle storage facilities, changing facilities and car parking to help.
• To reduce the risks of transmission in the workplace employers should limit the number of people that any given individual comes into contact with. Employers can support this where practical by changing shift patterns and rotas to keep smaller, contained teams.
• To implement the Government advice, groups of employees on staggered shifts, with different hours, days, weeks and locations are all options. All forms of flexible working can be considered, including remote working. You can refer to our guide on flexible working measures for more information on staggered shifts.
• Employers need to consider the legal position of any revised working arrangements. Employees’ consent will normally be required and there should be a communication process, information and consultation about the changes. Flexibility is key and if employees understand that their safety and wellbeing is at the core of any changes this should help achieve consent. The best approach to change is by agreement with employees; fully explaining the situation and likely period of the changes, discussing any concerns raised.
• Any contractual changes should be implemented very carefully bearing in mind contractual provisions and different legal rights (for example, working hours, rest breaks).
• Those attending for some hours in the workplace must continue to observe social distancing, high standards of hygiene and the other steps suggested in the FAQ about social distancing. Employers can refer to the Government guidance.
• Employers who had to stay open during lockdown may be able to offer guidance to other employers who are now considering some employees returning to work on site. Visit the CIPD community to share ideas and experiences.

 

Q: What if our people can't come back - or don't want to travel on public transport?

The current Government advice in England (but not Wales, Scotland or NI) from 1 August onwards is that employers have discretion to decide how their staff can work safely. This could still mean those who can work from home should continue to do so or can mean making workplaces safe by following COVID-secure guidelines and maintaining social distancing. Other points include: Other points include:

• The Government will provide new statutory guidance to encourage local authorities to widen pavements, create pop-up cycle lanes, and close some roads in cities to traffic (apart from buses).
• Face coverings must be worn on public transport and transport operators should follow appropriate guidance to make their services Covid- 19 Secure.

Face coverings are now also mandatory from 24 July 2020 in shops and supermarkets as well. Children under 11, some disabled people and those with breathing difficulties are exempt. They are also advised in enclosed spaces where social distancing isn’t possible and where people encounter others they do not normally meet.

Employees may understandably show confusion at the speed at which the guidance has changed which may increase their anxieties.

It is sensible if all unnecessary work-related travel is minimised; availability of safe public transport should be taken into account in any decisions to return to the workplace. Employers can stagger rotas and start and finish times to promote physical distancing, provide extra parking and extra bike storage. As well as this, continuing home working may be preferable provided that some or all of an employee’s work can be performed remotely. Work duties can be altered by agreement to accommodate those who are anxious to avoid crowded public transport to get to work.

From a legal standpoint, on the one hand, under the Employment Rights Act 1996 employees can claim that they have suffered a detriment on health and safety grounds, or claim automatically unfair dismissal if the employee reasonably believes there was a serious and imminent danger which led to their refusal to return to work. On the other, in all employment contracts there is an implied term that employees must follow their employer’s lawful and reasonable instructions. Employees could therefore face disciplinary action if their continued refusal to attend work is unreasonable. However, avoiding public transport seems reasonable, especially when the government has advised against it. There is at least a risk that disciplining employees for refusal to travel may result in a health and safety detriment, unfair dismissal or discrimination claim.

The employer should listen to the employee’s concerns, especially if they are vulnerable or have a disability and consider their proposals and accommodate them as far as practicable. Employers should also remember that employees with some mental health issues may be anxious about travelling and if their mental condition constitutes a disability the employer should try and accommodate their request.

Employers can discuss other options such as unpaid leave or use of annual leave to achieve a phased return.

 

Q: I need to make redundancies when the teams get back, how do I go about doing this as some that have stayed on may be selected?

If employers need to make redundancies when the teams get back (as a result of an actual or anticipated decline in workload) normal redundancy selection and consultation procedures apply. Advance planning and communication are essential explaining to all staff the reasons and selection criteria etc.

Employers should fully explore alternatives and choose their redundancy selection pool carefully; this can include staff who have been furloughed, those working from home and those in the workplace. Just because staff were furloughed does not mean they should be selected in preference to others.

Employers should also consider the job retention bonus of a one-off £1,000 payment for employers who keep their staff in work after the furlough scheme ends at the end of October. If employees are kept in continuous work, earning more than £520 a month on average (the lower earnings limit) from the end of the October to the end of January 2021. The government will pay the sum in February 2021 for every member of staff brought back. This is intended to encourage employers to avoid redundancies after the furlough scheme ends.

Employers who decide there is no alternative to redundancy should inform and consult and carry out a fair redundancy process. Depending on how long they have been employed employees with one or two complete continuous years of service may have claims for unfair dismissal if their employment is terminated without fair procedure.

If 20 or more employees will be redundant within a 90-day period, there should also be collective consultation, in addition to consultation with each individual employee. There must be at least 30 days' consultation for 20-99 redundancies or if there are 100 or more redundancies, there must be a minimum of 45 days' consultation in Great Britain (90 days in Northern Ireland). If there are no existing trade union or employee representatives in place employers will need to ensure appropriate employee representatives are elected before this. There must also be notification to BEIS before giving notice to terminate any of the relevant employees' contracts (similar time limits apply).

You can refer to our redundancy during COVID-19 guide for more information.

 

Q: How do we get across to those who want to return to work for their wellbeing and social interaction, that with social distancing, the return to the workplace could make them feel worse?

It’s really important that employers manage people’s expectations about what a return to a physical workplace will mean in practice. Meeting an employer’s obligation to provide a safe working environment will mean putting in place onerous but vital health and safety measures to manage the risks from COVID-19.

This means that the workplace will look and feel very different to many employees when they return. Many of the elements people enjoy as part of their working experience, such as opportunities for human interaction, will be greatly affected by the physical distancing measures in place. This will include screens separating workstations, as well as the closing off of communal areas such as canteens and break out areas if necessary.

Managers should be guided to have open and supportive one-to-one discussions with every individual as a first step of the return-to-work process. This conversation should be two-way: as well as communicating the changes that have been implemented to keep the workplace safe, it should provide an opportunity for individuals to air any worries they have about returning to a workplace. The aim should be to reassure employees of the organisation’s steps to ensure a safe return, and prepare them for the changes that will have taken place.

All staff should also be made aware of their own responsibilities to ensure a safe working environment for themselves and their colleagues and customers.

 

Q: How do we assess people before they return in terms of wellbeing/mental state?

The risks to people’s health from this pandemic are psychological as well as physical. Everyone will have experienced a challenging time during lockdown and many will have experienced anxiety due to a range of different factors, depending on their individual circumstances. People’s mental health is fluctuating, so there needs to be an ongoing conversation about well-being as part of every manager-employee one-to-one.

Individuals who have a pre-existing mental health condition, such as anxiety and depression, should have been offered support during this health crisis. But many others will now have developed a mental health condition, and so support such as an employee assistance programme or counseling should be offered to all employees.

The best way to assess people’s mental wellbeing before a return to a physical workplace is to encourage a culture where people feel safe to talk about their feelings and seek help. Hopefully, managers will have the kind of trust-based relationship with each team member whereby an employee can raise their concerns.

Managers need to listen with empathy and treat all concerns seriously, and signpost to help if needed. They also need to be prepared to discuss any changes to someone’s role or working arrangement to help ease them back to work. Many people will need a period of readjustment and so a phased or gradual return could be needed.

Managers could also be feeling vulnerable and so it’s very important that employers ensure they are properly supported to support employee wellbeing, and can address their own wellbeing concerns.

 

Q: How do we deal with the commuting risk and anxiety for many colleagues?

Government guidance has previously encouraged cycling or walking to work wherever possible although public transport can now be used with face coverings. Employers can also implement measures such as staggering arrival and departure times to reduce crowding, and can provide additional parking/bike racks.

However, many people rely on public transport to get to and from work, and may not have a car or bike. Public transport can become congested, particularly during peak rush hours, making it very difficult to maintain physical distancing from other commuters. The availability of public transport is also an issue, as trains, buses and tubes have been running a much-reduced service. Many employees are therefore likely to have legitimate concerns about using public transport, especially as government advice says to avoid it.

Any decisions about whether or not an individual employee should return to a workplace needs to factor in wider considerations such as their daily commute and ability to arrive safely. Every employee should have the opportunity to discuss any concerns about their commute with their manager as part of the return-to-work process, which should take place in advance of the day that individual is expected to return.

 

DISCLAIMER: The materials provided here are for general information purposes and do not constitute legal or other professional advice. While the information is considered to be true and correct at the date of publication, changes in circumstances may impact the accuracy and validity of the information. The website publishers not responsible for any errors or omissions, or for any action or decision taken as a result of using the guidance. You should consult the government website for the very latest information or contact a professional adviser for legal or other advice where appropriate.

 

From <https://www.cipd.co.uk/news-views/coronavirus/faqs/returning-to-workplace>

 

Q: How should we handle any quarantine period for employees who have been travelling to certain destinations? Can we insist they take the 14 days as annual leave?

The Government foreign and commonwealth office continues to advise against non-essential international travel, except to certain exempt countries and territories.

Employees who re-enter the UK from any country not on the exempt list must self-isolate for 14 days even if they have only stopped in that country in transit. This rule will be reviewed regularly so employers should regularly check for up to date Government advice. Ideally employers should encourage employees who must travel to visit countries which do not require the 14-day quarantine period upon return. Employers should remember that decisions to impose a quarantine on travellers may be very sudden. A destination may be on a list of countries that the Government has said is safe to travel to, but then quarantine is imposed. For example, the decision on 25 July to take Spain off the safe-travel list was announced only the day before, and there have been similar announcements regarding Belgium and France. Such decisions leave employers and employees with no time to plan ahead.

Employers must have open discussions with employees about holiday plans to countries where quarantine is required upon return and proposals for that quarantine period upon their return. This applies whether the quarantine was known in advance or imposed suddenly. Employers need to plan for the impact of any 14-day quarantine periods on employee’s work and the wider team.

Employers should:

• Discourage business related travel at the present time. Where travel is essential then this should be to countries on the current travel corridor list. Some employers will fall into an exempt category. See our Q above on the quarantine rules and exemptions.
• Discuss the quarantine requirements with the employee before he/she goes away to ensure they understand the rules that apply in the country they are visiting and the rules that apply on their return. Employers should agree how the employee's return will be managed.
• Be aware of any last minute changes to quarantine rules and reassure employees that an agreed plan can be implemented.

Options

There are four main options for employees who visit countries outside the list of travel corridors is as follows.

Working from home

Allow the employee to work from home on their return for 14 days from countries where quarantine is required upon return.

If the employee cannot work from home, then the position with respect to pay during the 14-day period is not clear. It is unlikely they can claim SSP (see below). 

Paid leave

In the absence of any government assistance employers may decide to simply keep paying the employee for remaining at home. This could either mean using up the employee's own annual leave (see below) or would effectively amount to granting additional paid time off work in addition to normal holiday leave. This option may be appropriate if home working is not an option and if the employer can afford to do this. This solution may be most appropriate if the quarantine was imposed suddenly so the employee thought the destination was in a safe travel corridor when they booked.

 

Unpaid leave

Employers could agree with employees that any quarantine period be taken as a period of unpaid leave if home working is not an option.

SSP during quarantine

Treating any quarantine period as sick leave is not really a viable option. Post travel quarantine is not a ground for claiming SSP. Any individual self-isolating because they or someone in their household has Covid-19 symptoms may be able to claim SSP. Additionally those on isolation under the test and trace scheme can claim SSP, but a post-holiday quarantine period is different. If an employee chooses to go on holiday, they have taken the risk and presumably knew of the requirement to quarantine upon return. The existing rules only enable claims for SSP if it is ‘known or reasonably suspected that the individual has been in contact with a case of, a relevant infection or contamination’. Returning from travelling does not necessarily lead to a reasonable suspicion of contact with someone infected with coronavirus.

 

If the employee begins to show symptoms at any point including any 14-day quarantine period then the usual rules and processes around sick leave and SSP apply (more information on coronavirus statutory sick pay can be found in the FAQs on managing employees who are self-isolating or who have symptoms).

Annual leave

Employers may wish to consider imposing travel restrictions if the 14-day quarantine period is known and will affect the employees' ability to work on return home. Employers can introduce a temporary policy across the workforce that anyone who travels overseas to a country subject to the 14-day quarantine must take that time as further annual or unpaid leave. This unilateral change in terms and conditions would amount to a breach of contract so employees could theoretically leave and claim constructive unfair dismissal. Ideally, they should agree to the change. The current official government advice lists using up annual leave as an option which does give employers some justification in enforcing such a rule. However, this approach is not without difficulty under current employment law.

In addition to the potential unfair dismissal risk for those who disagree, there is also a potential risk of a discrimination claim because those of certain nationalities who wish to visit relatives will be disproportionately affected, although the employer may be able to justify this. Many employees may accept the change rather than resigning in response and bringing a claim. However, there is at least a risk some will threaten proceedings.

 

If employees insist on travelling and refuse to use more annual leave during the quarantine period, then employers may face tribunal claims if they insist the employee’s extra 14-day absence is classed as holiday. There are rules enabling employers to specify when employees take leave but being quarantined at home is not the purpose of annual leave. 

 

Dismissal

Under the current government advice a potential further option is listed as dismissal, although this is then discounted as the advice says this should be a last resort and that employers should consider alternative arrangements first. These alternatives include those listed above, such as agreeing with employees to take annual leave or unpaid leave. Although the government advice lists dismissal as an option, it is extremely high risk option. Dismissal of an otherwise exemplary employee because they travelled to a country outside a safe corridor is likely to be unfair and may be discriminatory depending on the exact circumstances, the employee’s period of continuous service and their reasons for travel. Where possible, employers should explore the option for the employee to work from home or to agree a special project that can be completed from home.

 

Sanctions

In England and Wales breaching the quarantine may result in a fine of up to £1,000 and possible removal from the UK for overseas nationals. Failure to provide accurate contact details or failing to update them if the traveller needs to change locations where they continue self-isolating attracts a fine of up to £3,200.

 

Q: What do employers do if an employee goes on holiday to a country and a quarantine is imposed suddenly for those returning from that destination?

If an employee is on holiday or is about to depart and a quarantine is suddenly imposed for people returning from that destination, employers will need to be flexible and assist employees with following the quarantine requirements upon their return. Employees also need to be responsible and flexible; disputes may arise if some notice is given that a quarantine is imminent and the employee could perhaps have avoided the sudden quarantine by returning home promptly.

By way of example of a sudden quarantine, people returning from Spain to the UK at the end of July had to unexpectedly quarantine for two weeks when the Government removed Spain from the safe list of countries. Many employers and employees were completely unprepared for this decision. More countries could similarly be removed from the travel safe list at short notice (as happened with Spain, Belgium and France for example) - risking quarantine for travellers on their return. The priority for employers and employees is to co-operate with the requirement to stay at home to stop the spread of the virus. Employers can advise employees to build in some contingency planning so that, for example, they return home a few days before they are due back at work. This at least gives employers time to plan replacement cover if needed but of course employers cannot dictate how employees structure their holiday time.

The basic options for quarantined employees are:

• Working from home if possible
• Paid leave
• Unpaid leave
• Using annual leave

For further details on these options see the Q&A on handling quarantine periods (above).

Employees faced with a sudden quarantine period cannot claim SSP if they need to quarantine because of the trip. SSP may be payable if they have symptoms or are contacted by the track and trace service.

 

Q: Can employers deny holiday to employees where it is known that they will have to quarantine on their return?

The best way to deal with proposed personal travel is for employees and employers to openly discuss travel plans and follow the latest Government guidance, including the requirement for a 14-day quarantine period upon return to the UK when returning from certain destinations.

Employers can cancel any annual leave that has already been authorised, so long as the minimum notice is provided. The general notice period for taking leave is a period at least twice as long as the amount of leave the employee has requested (unless agreed otherwise). For example, employers need to give four week’s notice cancelling two week’s holiday.

If the employee has already booked a holiday, perhaps based on leave which was approved before the current travel restrictions were known, then the employer is causing financial loss to the employee. The safest course of action is to allow the employee to take their holiday but try and find work they can do at home upon return during the quarantine period, even if this is a special project.

Employers imposing future temporary travel restrictions

Employers could impose a temporary policy advising employees in advance not to travel to countries outside the current travel corridors, and this may assist. However, enforcing this by dictating what an employee can do with their leisure time will not be a lawful and reasonable instruction from an employer in all situations. The employer can argue that they have a duty to take care of other staff which justifies the restriction. However, the employee may be going to a relatively safe destination or the country may not have been outside the travel corridor when it was booked.

Employers who ban future private travel, even temporarily, may disproportionately affect certain groups and this could be indirect race discrimination. However, employers may decide that their duty to protect other staff is worth taking the risk of a potential discrimination claim. Employers can defend indirect (but not direct) discrimination claims using the ‘proportionate means of achieving a legitimate aim’ defence. The fairness of a travel ban for employees depends on the length, destination, the level of risk, the employee’s reason for wishing to travel, when the quarantine for that country was imposed and the overall situation at the time. An absolute ban may not be reasonable if the only downside is the employee having to self-isolate after returning.

If employers target certain staff specifically and request them not to travel or come to work this could lead to direct race discrimination claims. Any request to avoid travel and not attend work should apply to all staff regardless of nationality or ethnicity and be linked to potential exposure to the virus not racial origins.

 

From <https://www.cipd.co.uk/news-views/coronavirus/faqs/protecting-workforce>

 

Q: Do employers have to enforce face covering rules?

Employers who operate premises where face coverings are required, for example shops, supermarkets and transport, should take reasonable steps to promote compliance but do not have to actively enforce face covering rules.

Employers can refuse entry to anyone not wearing a face covering but do not have to do this. Any staff dealing with enforcement should be trained in the extensive list of exemptions (see the Q&A on face covering rules and exemptions.) The guidance on face coverings has changed rapidly. Initial government advice was that the evidence was weak to support their use; but this was followed by mandatory introduction on public transport, and then an announcement that they would be compulsory in shops and supermarkets from 24 July.

The current rules apply to visitors wearing face coverings in retail and transport settings; employers can currently choose if their staff have to wear face coverings as well.

Risk assessments

Employers should consider use of face coverings by staff as part of their COVID-19 risk assessments. The COVID-19 secure workplace guidelines and the specific sectoral guidance require social distancing until at least until December, including in most workplaces. If employers cannot reduce the distance and contact between employees sufficiently, they may decide to adopt face coverings but employers must assess the benefits and practicalities of requiring face coverings in their own working environment. For example, in workplaces with high telephone use, face coverings may be impractical. As part of the risk assessment employers should consider alternative options to protect employees, such as barriers between workers or between workers and customers.

Risk assessments should cover also safeguarding staff from abusive or violent customers if disputes arise over wearing face coverings.

 

The government is not yet making face coverings compulsory in offices although this may be reviewed; it is recommended that employers consider their use where appropriate. At the very least employers should consider if their duty to keep staff safe would be enhanced by staff wearing masks and by proactive enforcement measures. Employers should not try and stop employees using face coverings if they choose to wear them unless the employer has a very good reason. Whilst face coverings may be beneficial, wearing one is not a replacement for other ways of managing risk of COVID-19 infection in workplaces.

Making face coverings compulsory

If employers can insist on face coverings at all for staff who refuse to wear them, depends upon whether the instruction from an employer is seen as a reasonable instruction which will depend upon the nature of the workplace and the employee's reasons for refusing. 

Face coverings also need to be changed and washed regularly so providing several face coverings for each employee per day also has costs implications for employers. 

Some unions including Unite, the GMB have said that employers should pay for surgical-grade face masks for all workers who need to wear them. Unless the government makes face coverings compulsory in workplaces, whether to fund face coverings or ask workers to supply their own, or to partially contribute to the cost, is currently a choice for employers. Employers must make the decision following their risk assessment taking into account their duties to protect employees’ health and safety.

 

If face coverings are supplied, they should be of a relevant standard. The government’s current advice is that face coverings could be used as a precautionary measure in some settings but does not specify surgical grade masks. The safest course is for them to be World Health Organisation compliant. The WHO advises at least three-layers and a waterproof outer layer to have any serious effect against the transmission of coronavirus. Cloth masks may be more cost effective but must be the relevant thickness and should not be made of material that sheds fibres that could be inhaled. They must also be washed after each use.

If employees are required to wear face coverings, the employer should provide locations for their safe removal and suitable hand sanitisation. If employers share buildings, they will need to be consistent where entrances, exits lifts and corridors are shared. This would apply to any face coverings adopted for staff too.

 

Enforcement measures for customers

The responsibility for wearing a face covering rests with the person who should be wearing the covering. The enforcement measures are against the individual, not the employer. People who do not wear a face covering are liable for fines of up to £100 unless they are exempt. The fine is £50 if paid within 14 days.

 

If a non-exempt individual refuses to wear a face covering, the business operating that premises can refuse entry and call the police but does not have to do this. Similarly transport operators can deny access if a passenger is not wearing a face covering, or direct them to wear one or leave.

 

It is the police who have the enforcement powers and can issue the fine. Transport for London officers also have enforcement powers including issuing fines. In theory police can forcibly remove shop customers or prevent them from entering if they are not wearing face coverings. Police officers will not be patrolling premises and realistically are only likely to have the resources to intervene if people not wearing a face covering refuse to leave or become aggressive.

 

Employers therefore do not legally have to enforce the rules and can choose the level of their response, this may in part be dictated by the overall needs or concerns of members of the public visiting the premises. This can range from putting up notices, reminding visitors verbally in an informal conversation, denying entry completely or ignoring those who do not comply.

 

Q: Now that shielding is coming to an end what considerations or changes do we need to make for employees who have been shielding?

The Government have ended (or paused) the shielding programme from 31 July onwards. With shielding coming to an end, employers will face some difficult staff issues. Employees who have felt safe shielding can now return to the workplace, if they cannot work from home. As a priority, employers will need to undertake individual risk assessments to support these shielding staff to return.

Shielding staff are those in the clinically extremely vulnerable category who are at very high risk of severe illness from Covid-19 and affects those who live with people in that category. Until 31 July people affected should continue to shield and stay at home as much as possible. There is an extensive list of those likely to be shielding on the Government website, including people who have had organ transplants, those with specific cancers and leukaemia, or undergoing treatments that affect the immune system and those with severe respiratory conditions.

(Clinically extremely vulnerable people with a great risk of severe illness who received shielding advice should not be confused with two other categories. Clinically vulnerable people, including those over 70 and pregnant women, were not shielding but were advised to minimise contact with others. Likewise the vulnerable included children at risk of abuse or with SEN and women at risk of domestic violence who were advised to follow general guidance unless they were also clinically or extremely vulnerable.)

Changes

From 6 July: people shielding should maintain strict social distancing and minimise contact with others including not attending work. The Government advises that employers should continue to support shielding for those who are clinically extremely vulnerable, including offering home working where possible. If working from home is not feasible, then furlough pay or SSP may be available during shielding. Those who are shielding can meet outdoors in groups of up to 6 people during this time and create a ‘support bubble’ with one other household.

From 1 August: The Government will suspend the shielding programme on 31 July. People who are shielding can return to the workplace if they cannot work from home. Individual risk assessments to support the return of shielding staff should be undertaken well in advance. Government advice emphasises that those shielding can go to work as long as the business is Covid secure. Matters to consider may involve adjusted duties or redeployment, provided staff agree. The Government’s steps to relax shielding guidance are available on the Government website.

After the cessation of shielding those formerly shielding should continue adopt strict social distancing rather than full shielding measures. They may go out to buy food, to places of worship and for exercise but should take particular care to maintain social distancing and minimise contact with others outside their household or support bubble. As they are still at risk of severe illness the advice remains to stay at home where possible. Children who are clinically extremely vulnerable can return to school with frequent hand washing and social distancing. At the end of July, Government food and support packages to those been unable to leave home during lockdown will also cease.

Communication

Some shielding staff will be ready to return to work, others may be very anxious, uncomfortable or uncooperative about returning. Discussions with staff surrounding individual risk assessments will be of critical importance. Line managers need to speak to these people individually and agree specific arrangements resulting from the risk assessments. Arrangements will depend upon individual circumstances. Specialist advice may be helpful, for example from any occupational health service, doctor’s advice on the underlying condition, employment assistance programmes or counselling. Shielding staff may need time to adjust to reassurances that changes have made the workplace as Covid secure as possible.

Covid-secure

The Health Secretary has said that it is critical for employers to ensure employees work in a Covid-secure environment. There is specific Government guidance for different sectors which should be followed. When those who have been shielding return to the workplace from 1 August 2020 it will be for employers to show the workplace is a secure environment which is following the current social distancing guidance and physical adjustments to the workplace. If employers have carried out risk assessments and made the workplace as Covid-secure as possible, then anyone who still refuses to return to work may be unreasonable. In this situation, unpaid leave or furlough may be available options.

Furlough

Even though the shielding programme ends at the end of July employers can furlough previously furloughed staff until the end of October if the eligibility criteria are met. This includes having been furloughed under the first phase of the scheme. So, furloughed but clinically highly vulnerable staff could remain on furlough and be paid under the job retention scheme. This could happen until any mechanisms making the workplace Covid- secure were put in place.

Health and safety

Employers have a high degree of responsibility for employee’s health and safety which will be of central importance when shielding staff return to work from 1 August. From this time, employers may wish to allow employees to work from home where possible as, the health and safety protections at work are harder to meet for those who are clinically extremely vulnerable. Employees may refuse to come into work if they reasonably believe there is a serious and imminent danger or the workplace is not COVID-secure. Those people who were formerly shielding are protected from detriment or dismissal for a health and safety reason. If an employer insists on ending homeworking with no good reason this may be a constructive unfair dismissal which could be automatically unfair with no minimum qualifying period of employment being required to bring the claim.

All employees (not just those who are shielding) who reasonably believe themselves to be in serious and imminent danger are entitled to take appropriate steps to protect themselves. For further details of employers’ health and safety duties see the Q&A on health and safety following return to work.

Entitlement to statutory sick pay (SSP)

Since April those who were in self isolation due to shielding (even if they would otherwise be able to work) have been able to get SSP if employers chose not to furlough them and home working was not an option. Shielding employees have been entitled to SSP for every day they were unable to work as they are deemed incapable of work for the shielding period. From 1 August employers can no longer claim SSP for staff members just because they are shielding. 

Employees who were shielding could be furloughed during the operation of the Coronavirus Job Retention Scheme provided that they qualified under the first phase of the scheme, or can be allowed to work from home.

SSP is available for those with symptoms or who live with someone with actual coronavirus symptoms, or who have been notified that they should self-isolate under the NHS test and trace system. This covers people who are not unwell but have been told to self-isolate because they have been in close contact with someone who has tested positive for COVID-19. If people are well and can continue to work remotely they should be paid as normal and they are not entitled to SSP. If a regional lockdown occurs it is not entirely clear what Government help is available towards employee's pay, especially for staff who have not been previously furloughed.

Discrimination

The Equality Act 2010 provides employers must not discriminate against disabled employees by subjecting them to a detriment or dismissing them. Many formerly shielding employees with underlying conditions may meet the definition of disability under the Act. This means employers must discuss, and then make, reasonable adjustments. These could include allowing homeworking or transferring to another role in any lower-risk area. If there are aspects of work that can be done from home, this is likely to be a reasonable adjustment which must be considered for those who qualify under the Equality Act disability provisions. To be protected those who were shielding must have a physical or mental impairment which has a substantial and adverse effect on their ability to carry out day to day activities.

Other complex issues can arise as it is possible some staff members may be more at risk from the consequences of Covid-19, due to their race or age as well as disability.

Requests to continue home working are likely to fall within the requests for flexible working legislation.

Employees who are living with people who may be shielding

The protections referred to above are also likely to protect employees who live with people who were shielding. The Equality Act 2010 protects people from discrimination as a result of their association with a disabled person. Employers who give a blanket refusal to consider continued home working would disproportionately impact people who are associated with disabled people. It is also likely that they have protection from detriment or dismissal as there are genuine health and safety reasons for needing to stay away from the workplace. As ever, each case needs to be looked at on its own facts.

 

Shielding employees with underlying health conditions employers can seek the support of occupational health or other professionals for risk assessments, and advice on returning to work or on reasonable adjustments.

 

The risk for shielding employees are not simply those in the workplace, but also the exposure in their commute to work and back. Employers should be flexible and understanding and keep the health and safety of their employees as their priority.

More Government guidance for employers about managing a return to work and supporting staff to return to the workplace following shielding may be issued before the end of July so employers should keep up to date with the latest information available on the Government website.

 

Q: Do we have a legal right to take employees' temperatures at work?

The legal issues involved in testing temperatures at work are complex and involve data protection laws (see below).

Staff and residents in care homes for the over 65s and those with dementia now receive regular coronavirus test as part of the new social care testing strategy. The Government's current advice encompasses the five steps for working safely, along with sector-specific guidance. The official advice is still that people should continue to stay at home as much as possible. People who can work from home should continue to do so. People who can’t work from home (for instance, those working in construction or manufacturing), are being 'actively encouraged to go to work' but to avoid travelling there by public transport if at all possible. The detailed guidance does not address general workplace temperature testing, so the decision is left to employers in many cases. Certain workers are eligible for NHS drive-through testing.

Eligibility for NHS testing

The following people should be tested even if they do not have symptoms:

• social care workers and residents in care homes (with or without symptoms)
• NHS workers and patients without symptoms, in line with NHS England guidance.

The following people should be tested, if they have symptoms:

• all essential workers including NHS and social care workers;
• anyone over 65;
• anyone whose work cannot be done from home (for example, construction workers, shop workers, emergency plumbers and delivery drivers);
• anyone who has symptoms of COVID-19 and lives with those listed above.

So employees who have symptoms, whose work cannot be done from home should be tested by making an application through an online portal and going to a drive-through venue to obtain testing. 

The government has detailed guidance on getting tested. Although this extends the amount of drive-through testing employers still need to decide whether to adopt general temperature testing in the workplace, and may consider this as part of their COVID-19 risk assessments.

The physical, emotional and mental wellbeing of the workforce remains the key principle of managing any return to the workplace. Employers must continue to communicate openly with employees and workers, to understand their concerns and perspectives. If it is not essential for work to happen in the workplace, then the default should be to work from home. Employers should keep checking the government website for the latest information.

Deciding to test

In the absence of a Government requirement for temperature testing requirement, employers can decide not to undertake testing. Displaying a high temperature is one of the main symptoms (along with a new continuous cough and loss of smell or taste) of a COVID-19 infection but equally someone who is infected may show no symptoms at all. On the other hand, employers may decide to follow the lead of other countries and try temperature testing to discharge their health and safety duties. Employers may decide employees need reassurance that the workplace is safe, and staff representatives may suggest temperature testing during Coronavirus risk assessments.

Voluntary temperature testing

For businesses that remain open or reopen and decide to test, the legal position concerning taking employees’ temperatures for Coronavirus is similar to the medical testing of employees for other reasons. The easiest way for employers to conduct such medical tests would be on a voluntary basis. The contractual terms agreed in the employment contract or accompanying policies may also be of assistance to employers who want to check employees' temperatures at work.

Employers who wish to monitor employees’ temperatures should openly explain the current Coronavirus advice, their concerns and risk management strategy. Employees may then choose to have their temperatures taken based on this advice.

If employees do not agree and there is no contractual provision or agreed policy covering the situation then taking an employee’s temperature is unlawful. Certainly, an employer should not try to force employees into having their temperature taken, or issue threats of suspensions, disciplinary or dismissal processes.

Contractual provisions

Express terms: Some employment contracts have clauses in them which impose an obligation on employees to undergo drugs testing, providing a sample, of urine, hair, saliva or blood etc. Depending on the wording of the clause, taking a temperature might be covered by these clauses.

If an employee refuses to comply with a pre-existing clause which encompasses taking temperatures, then the employee may be in breach of contract by refusing to co-operate. If there is a clear clause which covers taking temperatures then refusal might provide grounds for a disciplinary or dismissal procedure although this is generally inadvisable.

Implied terms: Many contracts of employment do not contain a contractual term entitling the employer to require employees to be tested. This means employers can request voluntary testing but can't compel this. A possible course of action for employers who wish to insist on testing (without an express clause) would be reliance on a possible implied contractual term that employees should comply with a reasonable request from their employer. On the one hand, employers do have a duty to protect the safety of their workplace under the Health and Safety at Work Act which includes ensuring that employees are not infecting others with the Coronavirus. On the other hand, from a practical point of view, an employee may be infected with Coronavirus without yet having a raised temperature. Some businesses, such as public transport and healthcare, pose different safety risks where testing may be more justified.

Whether insisting on taking temperatures is reasonable (without an express clause) depends on a number of factors including the employee’s role, official health advice on precautionary measures at the time, the employee’s symptoms and the alternative causes of action, such as self-isolation, that are available. Employers could breach their own implied duty of mutual trust and confidence to other employees if they do not request an employee to take a test if necessary. In the context of the unprecedented circumstances, the implied duties of trust and confidence and employers’ obligations to ensure the health and safety of employees it is arguably reasonable to request testing. However, it is preferable for employers to suggest working from home or self-isolation rather than trying to force a reluctant employee into temperature or other testing. If employees agree to have their temperature checked and have a high temperature, an employer may reasonably require them to go home as the temperature suggests an illness even if not Coronavirus. In the case of employees who are off sick they will be required to test by the test and trace system anyway.

Data protection

Although the Government guidance does not address widespread temperature testing, the Information Commissioner's Office has issued guidance which addresses the issue. The critical issue remains whether the tests and keeping any resulting records are necessary and proportionate. Employers can ask employees to notify any COVID-19 diagnosis as this processing of health data is justified under the GDPR as being necessary to comply with employment and social protection law or for reasons of public interest in health.

If employers process information that relates to an employee, they need to comply with the GDPR and the Data Protection Act 2018 (similarly to drug testing). Any data that an employer has about an employee’s temperature, symptoms, where the employee has been and whether he or she has tested positive for Coronavirus is health data, and is referred to as ‘special category data’ under data protection law. For example, if an employee is tested through the test and trace system and forwards emails confirming their status may be special category data because it is medical information. Additional requirements apply to ensure the data is processed fairly and lawfully. Under these circumstances, it is likely that an employer will be required to have a policy document covering the processing to ensure compliance with key data protection principles including transparency, data minimisation and security requirements.

Employers may be entitled to process such employee information on the basis of the employer’s health and safety duties. This is provided that it can be shown that temperature information is necessary to protect the health, safety and welfare of employees. Only necessary data should be kept - don’t collect personal data that you don’t need. Employers should consider and document the risk to employees and any alternatives to obtaining and processing the data that have been considered. The health and safety context, such as decisions relating to office closures or disinfecting the workplace will also be relevant to justify the processing. (See paragraph 1, Schedule 1 Part 1 of the UK Data Protection Act 2018 and Article 9(2)(b) GDPR).

 

From <https://www.cipd.co.uk/news-views/coronavirus/faqs/protecting-workforce>





Schools Update



It is planned that all pupils, in all year groups, will return to school full-time from the beginning of the autumn term.


This guidance is intended to support schools, both mainstream and alternative provision, to prepare for this. It applies to primary, secondary (including sixth forms), infant, junior, middle, upper, school-based nurseries and boarding schools. We expect independent schools to follow the control measures set out in this document in the same way as state-funded schools. The guidance also covers expectations for children with special educational needs and disability (SEND), including those with education, health and care plans, in mainstream schools.
Separate guidance is available for early years, further education colleges and for special schools.
This guidance is in 5 sections. The first section sets out the actions school leaders should take to minimise the risk of transmission in their school. This is public health advice, endorsed by Public Health England (PHE).
The rest of the guidance is focused on how the Department for Education (DfE) expects schools to operate in this new context. This includes:
• school operations
• curriculum, behaviour and pastoral support
• assessment and accountability
• contingency planning to provide continuity of education in the case of a local outbreak
This guidance has been prepared with input from school leaders, unions and sector bodies and in consultation with PHE and the Health and Safety Executive (HSE).
We will keep this guidance under review and update as necessary.
Welcoming children back to school
When we made the decision to ask schools to open only to a small number of children, this was done with the aim of reducing transmission of coronavirus (COVID-19), to protect the NHS and save lives. As the situation improved, we began to consider how we could bring more children and young people back into schools, and supported primary schools to do so from 1 June, focusing on some year groups being educated in small ‘bubbles’, and secondary schools from 15 June, with Year 10 and 12 spending some time in school in small groups, with public health risk reduction measures in place. Since 15 June, primary schools have also had flexibility to bring back other pupils where they have space to do so.
Now, the circumstances have changed. The prevalence of coronavirus (COVID-19) has decreased our NHS Test and Trace system is up and running, and we are clear about the measures that need to be in place to create safer environments within schools.
Returning to school is vital for children’s education and for their wellbeing. Time out of school is detrimental for children’s cognitive and academic development, particularly for disadvantaged children. This impact can affect both current levels of learning and children’s future ability to learn, and therefore we need to ensure all pupils can return to school sooner rather than later.
The risk to children themselves of becoming severely ill from coronavirus (COVID-19) is very low and there are negative health impacts of being out of school. We know that school is a vital point of contact for public health and safeguarding services that are critical to the wellbeing of children and families.
Lower academic achievement also translates into long-term economic costs due to having a less well-qualified workforce. This affects the standard of living that today’s pupils will have over the course of their entire life. For many households, school closures have also affected their ability to work. As the economy begins to recover, we need to remove this barrier so parents and carers can return to work.
In relation to working in schools, whilst it is not possible to ensure a totally risk-free environment, the Office of National Statistics analysis on coronavirus (COVID-19) related deaths linked to occupations suggest that staff in educational settings tend not to be at any greater risk from the disease than many other occupations. There is no evidence that children transmit the disease any more than adults.
Given the improved position, the balance of risk is now overwhelmingly in favour of children returning to school. For the vast majority of children, the benefits of being back in school far outweigh the very low risk from coronavirus (COVID-19), and this guidance explains the steps schools need to take to reduce risks still further. As a result, we can plan for all children to return and start to reverse the enormous costs of missed education. This will be an important move back towards normal life for many children and families.
We are, therefore, asking schools to prepare to welcome all children back this autumn. While coronavirus (COVID-19) remains in the community, this means making judgments at a school level about how to balance and minimise any risks from coronavirus (COVID-19) with providing a full educational experience for children and young people. Schools should use their existing resources to make arrangements to welcome all children back. There are no plans at present to reimburse additional costs incurred as part of that process.
The measures set out in this guidance provide a framework for school leaders to put in place proportionate protective measures for children and staff, which also ensure that all pupils receive a high quality education that enables them to thrive and progress. In welcoming all children back this autumn, schools will be asked to minimise the number of contacts that a pupil has during the school day as part of implementing the system of controls outlined below to reduce the risk of transmission. If schools follow the guidance set out here, they can be confident they are managing risk effectively.
While our aim is to have all pupils back at school in the autumn, every school will also need to plan for the possibility of a local lockdown and how they will ensure continuity of education.
Purpose of this guidance
The first section of this guidance sets out the public health advice schools must follow to minimise the risks of coronavirus (COVID-19) transmission. It also includes the process that should be followed if anyone develops coronavirus (COVID-19) symptoms while at school. This guidance has been developed with advice from PHE.
The public health advice in this guidance makes up a PHE-endorsed ‘system of controls’, building on the hierarchy of protective measures that have been in use throughout the coronavirus (COVID-19) outbreak. When implemented in line with a revised risk assessment, these measures create an inherently safer environment for children and staff where the risk of transmission of infection is substantially reduced.
The system of controls provides a set of principles and if schools follow this advice, they will effectively minimise risks. All elements of the system of controls are essential. All schools must cover them all, but the way different schools implement some of the requirements will differ based on their individual circumstances. Where something is essential for public health reasons, as advised by PHE, we have said ‘must’. Where there is a legal requirement we have made that clear. This guidance does not create any new legal obligations.
There cannot be a ‘one-size-fits-all’ approach where the system of controls describes every scenario. School leaders will be best placed to understand the needs of their schools and communities, and to make informed judgments about how to balance delivering a broad and balanced curriculum with the measures needed to manage risk. The system of controls provides a set of principles to help them do this and, if schools follow this advice, they will effectively minimise risks.
We expect schools and trusts to work closely with parents, staff and unions, as they normally would, when agreeing the best approaches for their circumstances. Where the personal circumstances of parents and/or staff create added concerns, schools and trusts should discuss these, and we have offered advice in this document about how to do this. We want all pupils and staff to be back in schools, and believe the conditions are right for this, but some people will understandably have worries that should be heard and addressed.
The rest of the guidance sets out more details on how DfE expects schools to operate in the autumn term. This covers:
• school operations, including attendance, workforce, estates, catering
• curriculum, behaviour and pastoral support
• assessment and accountability, including plans for inspection
• contingency planning in case of self-isolation of multiple pupils or staff or local outbreaks
Section 1: Public health advice to minimise coronavirus (COVID-19) risks
We are asking schools to prepare for all pupils to return full time from the start of the autumn term, including those in school-based nurseries. Schools should not put in place rotas.
Schools must comply with health and safety law, which requires them to assess risks and put in place proportionate control measures. Schools should thoroughly review their health and safety risk assessments and draw up plans for the autumn term that address the risks identified using the system of controls set out below. These are an adapted form of the system of protective measures that will be familiar from the summer term. Essential measures include:
• a requirement that people who are ill stay at home
• robust hand and respiratory hygiene
• enhanced cleaning arrangements
• active engagement with NHS Test and Trace
• formal consideration of how to reduce contacts and maximise distancing between those in school wherever possible and minimise potential for contamination so far as is reasonably practicable
How contacts are reduced will depend on the school’s circumstances and will (as much as possible) include:
• grouping children together
• avoiding contact between groups
• arranging classrooms with forward facing desks
• staff maintaining distance from pupils and other staff as much as possible
Risk assessment
Employers must protect people from harm. This includes taking reasonable steps to protect staff, pupils and others from coronavirus (COVID-19) within the education setting.
Schools have remained open to some pupils since 20 March, welcoming more pupils back from 1 June. Schools should therefore have already assessed the risks and implemented proportionate control measures to limit the transmission of coronavirus (COVID-19) for a limited number of pupils.
As part of planning for full return in the autumn term, it is a legal requirement that schools should revisit and update their risk assessments (building on the learning to date and the practices they have already developed), to consider the additional risks and control measures to enable a return to full capacity in the autumn term. Settings should also review and update their wider risk assessments and consider the need for relevant revised controls in respect of their conventional risk profile considering the implications of coronavirus (COVID-19). Schools should ensure that they implement sensible and proportionate control measures which follow the health and safety hierarchy of control to reduce the risk to the lowest reasonably practicable level.
School employers should have active arrangements in place to monitor that the controls are:
• effective
• working as planned
• updated appropriately considering any issues identified and changes in public health advice
For more information on what is required of school employers in relation to health and safety risk assessments, see annex A.
The system of controls: protective measures
Having assessed their risk, schools must work through the below system of controls, adopting measures in a way that addresses the risk identified in their assessment, works for their school, and allows them to deliver a broad and balanced curriculum for their pupils, including full educational and care support for those pupils who have SEND.
If schools follow the guidance set out here they will effectively reduce risks in their school and create an inherently safer environment.
System of controls
This is the set of actions schools must take. They are grouped into ‘prevention’ and ‘response to any infection’ and are outlined in more detail in the sections below.
Prevention:
1) minimise contact with individuals who are unwell by ensuring that those who have coronavirus (COVID-19) symptoms, or who have someone in their household who does, do not attend school
2) clean hands thoroughly more often than usual
3) ensure good respiratory hygiene by promoting the ‘catch it, bin it, kill it’ approach
4) introduce enhanced cleaning, including cleaning frequently touched surfaces often, using standard products such as detergents and bleach
5) minimise contact between individuals and maintain social distancing wherever possible
6) where necessary, wear appropriate personal protective equipment (PPE)
Numbers 1 to 4 must be in place in all schools, all the time.
Number 5 must be properly considered and schools must put in place measures that suit their particular circumstances.
Number 6 applies in specific circumstances.
Response to any infection
7) engage with the NHS Test and Trace process
8) manage confirmed cases of coronavirus (COVID-19) amongst the school community
9) contain any outbreak by following local health protection team advice
Numbers 7 to 9 must be followed in every case where they are relevant.
Prevention
1. Minimise contact with individuals who are unwell by ensuring that those who have coronavirus (COVID-19) symptoms, or who have someone in their household who does, do not attend school
Ensuring that pupils, staff and other adults do not come into the school if they have coronavirus (COVID-19) symptoms, or have tested positive in the last 7 days, and ensuring anyone developing those symptoms during the school day is sent home, are essential actions to reduce the risk in schools and further drive down transmission of coronavirus (COVID-19). All schools must follow this process and ensure all staff are aware of it.
If anyone in the school becomes unwell with a new, continuous cough or a high temperature, or has a loss of, or change in, their normal sense of taste or smell (anosmia), they must be sent home and advised to follow ‘stay at home: guidance for households with possible or confirmed coronavirus (COVID-19) infection’, which sets out that they must self-isolate for at least 7 days and should arrange to have a test to see if they have coronavirus (COVID-19). Other members of their household (including any siblings) should self-isolate for 14 days from when the symptomatic person first had symptoms.
If a child is awaiting collection, they should be moved, if possible, to a room where they can be isolated behind a closed door, depending on the age and needs of the child, with appropriate adult supervision if required. Ideally, a window should be opened for ventilation. If it is not possible to isolate them, move them to an area which is at least 2 metres away from other people.
If they need to go to the bathroom while waiting to be collected, they should use a separate bathroom if possible. The bathroom must be cleaned and disinfected using standard cleaning products before being used by anyone else.
PPE must be worn by staff caring for the child while they await collection if a distance of 2 metres cannot be maintained (such as for a very young child or a child with complex needs). More information on PPE use can be found in the safe working in education, childcare and children’s social care settings, including the use of personal protective equipment (PPE) guidance.
If a child in a boarding school shows symptoms, they should initially self-isolate in their residential setting household. Most children will benefit from self-isolating in their boarding house so that their usual support can continue. Others will benefit more from self-isolating in their family home. For more information on how to care for a symptomatic child while protecting the welfare of other pupils and staff, read the guidance on isolation for residential educational settings.
As is usual practice, in an emergency, call 999 if someone is seriously ill or injured or their life is at risk. Anyone with coronavirus (COVID-19) symptoms should not visit the GP, pharmacy, urgent care centre or a hospital.
Any members of staff who have helped someone with symptoms and any pupils who have been in close contact with them do not need to go home to self-isolate unless they develop symptoms themselves (in which case, they should arrange a test) or if the symptomatic person subsequently tests positive (see below) or they have been requested to do so by NHS Test & Trace.
Everyone must wash their hands thoroughly for 20 seconds with soap and running water or use hand sanitiser after any contact with someone who is unwell. The area around the person with symptoms must be cleaned with normal household disinfectant after they have left to reduce the risk of passing the infection on to other people. See the COVID-19: cleaning of non-healthcare settings guidance.
Public Health England is clear that routinely taking the temperature of pupils is not recommended as this is an unreliable method for identifying coronavirus (COVID-19).
2. Clean hands thoroughly more often than usual
Coronavirus (COVID-19) is an easy virus to kill when it is on skin. This can be done with soap and running water or hand sanitiser. Schools must ensure that pupils clean their hands regularly, including when they arrive at school, when they return from breaks, when they change rooms and before and after eating. Regular and thorough hand cleaning is going to be needed for the foreseeable future. Points to consider and implement:
• whether the school has enough hand washing or hand sanitiser ‘stations’ available so that all pupils and staff can clean their hands regularly
• supervision of hand sanitiser use given risks around ingestion. Small children and pupils with complex needs should continue to be helped to clean their hands properly. Skin friendly skin cleaning wipes can be used as an alternative
• building these routines into school culture, supported by behaviour expectations and helping ensure younger children and those with complex needs understand the need to follow them
3. Ensure good respiratory hygiene by promoting the ‘catch it, bin it, kill it’ approach
The ‘catch it, bin it, kill it’ approach continues to be very important, so schools must ensure that they have enough tissues and bins available in the school to support pupils and staff to follow this routine. As with hand cleaning, schools must ensure younger children and those with complex needs are helped to get this right, and all pupils understand that this is now part of how school operates. Some pupils with complex needs will struggle to maintain as good respiratory hygiene as their peers, for example those who spit uncontrollably or use saliva as a sensory stimulant. This should be considered in risk assessments in order to support these pupils and the staff working with them, and is not a reason to deny these pupils face to face education.
Public Health England does not (based on current evidence) recommend the use of face coverings in schools. This evidence will be kept under review. They are not required in schools as pupils and staff are mixing in consistent groups, and because misuse may inadvertently increase the risk of transmission. There may also be negative effects on communication and thus education. Face coverings are required at all times on public transport (for children, over the age of 11) or when attending a hospital as a visitor or outpatient.
4. Introduce enhanced cleaning, including cleaning frequently touched surfaces often using standard products, such as detergents and bleach
Points to consider and implement:
• putting in place a cleaning schedule that ensures cleaning is generally enhanced and includes:
• more frequent cleaning of rooms / shared areas that are used by different groups
• frequently touched surfaces being cleaned more often than normal
• different groups don’t need to be allocated their own toilet blocks, but toilets will need to be cleaned regularly and pupils must be encouraged to clean their hands thoroughly after using the toilet
By the end of the summer term, Public Health England will publish revised guidance for cleaning non-healthcare settings to advise on general cleaning required in addition to the current advice on COVID-19: cleaning of non-healthcare settings guidance.
5. Minimise contact between individuals and maintain social distancing wherever possible
Minimising contacts and mixing between people reduces transmission of coronavirus (COVID-19). This is important in all contexts, and schools must consider how to implement this. Schools must do everything possible to minimise contacts and mixing while delivering a broad and balanced curriculum.
The overarching principle to apply is reducing the number of contacts between children and staff. This can be achieved through keeping groups separate (in ‘bubbles’) and through maintaining distance between individuals. These are not alternative options and both measures will help, but the balance between them will change depending on:
• children’s ability to distance
• the lay out of the school
• the feasibility of keeping distinct groups separate while offering a broad curriculum (especially at secondary)
It is likely that for younger children the emphasis will be on separating groups, and for older children it will be on distancing. For children old enough, they should also be supported to maintain distance and not touch staff where possible.
Points to consider and implement.
How to group children
Consistent groups reduce the risk of transmission by limiting the number of pupils and staff in contact with each other to only those within the group. They have been used in schools in the summer term in recognition that children, and especially the youngest children, cannot socially distance from staff or from each other and this provides an additional protective measure. Maintaining distinct groups or ‘bubbles’ that do not mix makes it quicker and easier in the event of a positive case to identify those who may need to self-isolate, and keep that number as small as possible.
However, the use of small groups restricts the normal operation of schools and presents both educational and logistical challenges, including the cleaning and use of shared spaces, such as playgrounds, boarding houses, dining halls, and toilets, and the provision of specialist teaching. This is the case in both primary and secondary schools, but is particularly difficult in secondary schools.
In this guidance for the autumn term, maintaining consistent groups remains important, but given the decrease in the prevalence of coronavirus (COVID-19) and the resumption of the full range of curriculum subjects, schools may need to change the emphasis on bubbles within their system of controls and increase the size of these groups.
In secondary schools, and certainly in the older age groups at key stage 4 and key stage 5, the groups are likely to need to be the size of a year group to enable schools to deliver the full range of curriculum subjects and students to receive specialist teaching. If this can be achieved with small groups, they are recommended. At primary school, and in the younger years at secondary (key stage 3), schools may be able to implement smaller groups the size of a full class. If that can be achieved, it is recommended, as this will help to reduce the number of people who could be asked to isolate should someone in group become ill with coronavirus (COVID-19).
Schools should assess their circumstances and if class-sized groups are not compatible with offering a full range of subjects or managing the practical logistics within and around school, they can look to implement year group sized ‘bubbles’. Whatever the size of the group, they should be kept apart from other groups where possible and older children should be encouraged to keep their distance within groups. Schools with the capability to do it should take steps to limit interaction, sharing of rooms and social spaces between groups as much as possible. When using larger groups the other measures from the system of controls become even more important, to minimise transmission risks and to minimise the numbers of pupils and staff who may need to self-isolate. We recognise that younger children will not be able to maintain social distancing, and it is acceptable for them not to distance within their group.
Both the approaches of separating groups and maintaining distance are not ‘all-or-nothing’ options, and will still bring benefits even if implemented partially. Some schools may keep children in their class groups for the majority of the classroom time, but also allow mixing into wider groups for specialist teaching, wraparound care and transport, or for boarding pupils in one group residentially and another during the school day. Siblings may also be in different groups. Endeavouring to keep these groups at least partially separate and minimising contacts between children will still offer public health benefits as it reduces the network of possible direct transmission.
All teachers and other staff can operate across different classes and year groups in order to facilitate the delivery of the school timetable. This will be particularly important for secondary schools. Where staff need to move between classes and year groups, they should try and keep their distance from pupils and other staff as much as they can, ideally 2 metres from other adults. Again, we recognise this is not likely to be possible with younger children and teachers in primary schools can still work across groups if that is needed to enable a full educational offer.
Measures within the classroom
Maintaining a distance between people whilst inside and reducing the amount of time they are in face to face to contact lowers the risk of transmission. It is strong public health advice that staff in secondary schools maintain distance from their pupils, staying at the front of the class, and away from their colleagues where possible. Ideally, adults should maintain 2 metre distance from each other, and from children. We know that this is not always possible, particularly when working with younger children, but if adults can do this when circumstances allow that will help. In particular, they should avoid close face to face contact and minimise time spent within 1 metre of anyone. Similarly, it will not be possible when working with many pupils who have complex needs or who need close contact care. These pupils’ educational and care support should be provided as normal.
For children old enough, they should also be supported to maintain distance and not touch staff and their peers where possible. This will not be possible for the youngest children and some children with complex needs and it is not feasible in some schools where space does not allow. Schools doing this where they can, and even doing this some of the time, will help.
When staff or children cannot maintain distancing, particularly with younger children in primary schools, the risk can also be reduced by keeping pupils in the smaller, class-sized groups described above.
Schools should make small adaptations to the classroom to support distancing where possible. That should include seating pupils side by side and facing forwards, rather than face to face or side on, and might include moving unnecessary furniture out of classrooms to make more space..
Measures elsewhere
Groups should be kept apart, meaning that schools should avoid large gatherings such as assemblies or collective worship with more than one group.
When timetabling, groups should be kept apart and movement around the school site kept to a minimum. While passing briefly in the corridor or playground is low risk, schools should avoid creating busy corridors, entrances and exits. Schools should also consider staggered break times and lunch times (and time for cleaning surfaces in the dining hall between groups).
Schools should also plan how shared staff spaces are set up and used to help staff to distance from each other. Use of staff rooms should be minimised, although staff must still have a break of a reasonable length during the day.
Measures for arriving at and leaving school
We know that travel to school patterns differ greatly between schools. If those patterns allow, schools should consider staggered starts or adjusting start and finish times to keep groups apart as they arrive and leave school. Staggered start and finish times should not reduce the amount of overall teaching time. A staggered start may, for example, include condensing / staggering free periods or break time but retaining the same amount of teaching time, or keeping the length of the day the same but starting and finishing later to avoid rush hour. Schools should consider how to communicate this to parents and remind them about the process that has been agreed for drop off and collection, including that gathering at the school gates and otherwise coming onto the site without an appointment is not allowed.
Schools should also have a process for removing face coverings when pupils and staff who use them arrive at school and communicate it clearly to them. Pupils must be instructed not to touch the front of their face covering during use or when removing them. They must wash their hands immediately on arrival (as is the case for all pupils), dispose of temporary face coverings in a covered bin or place reusable face coverings in a plastic bag they can take home with them, and then wash their hands again before heading to their classroom. Guidance on safe working in education, childcare and children’s social care provides more advice.
Other considerations
Some pupils with SEND (whether with education, health and care plans or on SEN support) will need specific help and preparation for the changes to routine that this will involve, so teachers and special educational needs coordinators should plan to meet these needs, for example using social stories.
Supply teachers, peripatetic teachers and/or other temporary staff can move between schools. They should ensure they minimise contact and maintain as much distance as possible from other staff. Specialists, therapists, clinicians and other support staff for pupils with SEND should provide interventions as usual. Schools should consider how to manage other visitors to the site, such as contractors, and ensure site guidance on physical distancing and hygiene is explained to visitors on or before arrival. Where visits can happen outside of school hours, they should. A record should be kept of all visitors.
Where a child routinely attends more than one setting on a part time basis, for example because they are dual registered at a mainstream school and an alternative provision setting or special school, schools should work through the system of controls collaboratively, enabling them to address any risks identified and allowing them to jointly deliver a broad and balanced curriculum for the child.
Equipment and resources are integral to education in schools. During the summer term, their use was minimised, many were moved out of classrooms, and there was significant extra cleaning. That position has now changed for the autumn term, because prevalence of coronavirus (COVID-19) has decreased and because they are so important for the delivery of education. For individual and very frequently used equipment, such as pencils and pens, it is recommended that staff and pupils have their own items that are not shared. Classroom based resources, such as books and games, can be used and shared within the bubble; these should be cleaned regularly, along with all frequently touched surfaces. Resources that are shared between classes or bubbles, such as sports, art and science equipment should be cleaned frequently and meticulously and always between bubbles, or rotated to allow them to be left unused and out of reach for a period of 48 hours (72 hours for plastics) between use by different bubbles.
Outdoor playground equipment should be more frequently cleaned. This would also apply to resources used inside and outside by wraparound care providers. It is still recommended that pupils limit the amount of equipment they bring into school each day, to essentials such as lunch boxes, hats, coats, books, stationery and mobile phones. Bags are allowed. Pupils and teachers can take books and other shared resources home, although unnecessary sharing should be avoided, especially where this does not contribute to pupil education and development. Similar rules on hand cleaning, cleaning of the resources and rotation should apply to these resources.
6. Where necessary, wear appropriate personal protective equipment (PPE)
The majority of staff in education settings will not require PPE beyond what they would normally need for their work. PPE is only needed in a very small number of cases, including:
• where an individual child or young person becomes ill with coronavirus (COVID-19) symptoms while at schools, and only then if a distance of 2 metres cannot be maintained
• where a child or young person already has routine intimate care needs that involves the use of PPE, in which case the same PPE should continue to be used
Read the guidance on safe working in education, childcare and children’s social care for more information about preventing and controlling infection, including when, how PPE should be used, what type of PPE to use, and how to source it.
Response to any infection
7. Engage with the NHS Test and Trace process
Schools must ensure they understand the NHS Test and Trace process and how to contact their local Public Health England health protection team. Schools must ensure that staff members and parents/carers understand that they will need to be ready and willing to:
• book a test if they are displaying symptoms. Staff and pupils must not come into the school if they have symptoms, and must be sent home to self-isolate if they develop them in school. All children can be tested, including children under 5, but children aged 11 and under will need to be helped by their parents/carers if using a home testing kit
• provide details of anyone they have been in close contact with if they were to test positive for coronavirus (COVID-19) or if asked by NHS Test & Trace
• self-isolate if they have been in close contact with someone who develops coronavirus (COVID-19) symptoms or someone who tests positive for coronavirus (COVID-19)
Anyone who displays symptoms of coronavirus (COVID-19) can and should get a test. Tests can be booked online through the NHS testing and tracing for coronavirus website, or ordered by telephone via NHS 119 for those without access to the internet. Essential workers, which includes anyone involved in education or childcare, have priority access to testing.
The government will ensure that it is as easy as possible to get a test through a wide range of routes that are locally accessible, fast and convenient. We will release more details on new testing avenues as and when they become available and will work with schools so they understand what the quickest and easiest way is to get a test. By the autumn term, all schools will be provided with a small number of home testing kits that they can give directly to parents/carers collecting a child who has developed symptoms at school, or staff who have developed symptoms at school, where they think providing one will significantly increase the likelihood of them getting tested. Advice will be provided alongside these kits.
Schools should ask parents and staff to inform them immediately of the results of a test:
• if someone tests negative, if they feel well and no longer have symptoms similar to coronavirus (COVID-19), they can stop self-isolating. They could still have another virus, such as a cold or flu – in which case it is still best to avoid contact with other people until they are better. Other members of their household can stop self-isolating.
• if someone tests positive, they should follow the ‘stay at home: guidance for households with possible or confirmed coronavirus (COVID-19) infection’ and must continue to self-isolate for at least 7 days from the onset of their symptoms and then return to school only if they do not have symptoms other than cough or loss of sense of smell/taste. This is because a cough or anosmia can last for several weeks once the infection has gone. The 7-day period starts from the day when they first became ill. If they still have a high temperature, they should keep self-isolating until their temperature returns to normal. Other members of their household should continue self-isolating for the full 14 days.
8. Manage confirmed cases of coronavirus (COVID-19) amongst the school community
Schools must take swift action when they become aware that someone who has attended has tested positive for coronavirus (COVID-19). Schools should contact the local health protection team. This team will also contact schools directly if they become aware that someone who has tested positive for coronavirus (COVID-19) attended the school – as identified by NHS Test and Trace.
The health protection team will carry out a rapid risk assessment to confirm who has been in close contact with the person during the period that they were infectious, and ensure they are asked to self-isolate.
The health protection team will work with schools in this situation to guide them through the actions they need to take. Based on the advice from the health protection team, schools must send home those people who have been in close contact with the person who has tested positive, advising them to self-isolate for 14 days since they were last in close contact with that person when they were infectious. Close contact means:
• direct close contacts - face to face contact with an infected individual for any length of time, within 1 metre, including being coughed on, a face to face conversation, or unprotected physical contact (skin-to-skin)
• proximity contacts - extended close contact (within 1 to 2 metres for more than 15 minutes) with an infected individual
• travelling in a small vehicle, like a car, with an infected person
The health protection team will provide definitive advice on who must be sent home. To support them in doing so, we recommend schools keep a record of pupils and staff in each group, and any close contact that takes places between children and staff in different groups (see section 5 of system of control for more on grouping pupils). This should be a proportionate recording process. Schools do not need to ask pupils to record everyone they have spent time with each day or ask staff to keep definitive records in a way that is overly burdensome.
A template letter will be provided to schools, on the advice of the health protection team, to send to parents and staff if needed. Schools must not share the names or details of people with coronavirus (COVID-19) unless essential to protect others.
Household members of those contacts who are sent home do not need to self-isolate themselves unless the child, young person or staff member who is self-isolating subsequently develops symptoms. If someone in a class or group that has been asked to self-isolate develops symptoms themselves within their 14-day isolation period they should follow ‘stay at home: guidance for households with possible or confirmed coronavirus (COVID-19) infection’. They should get a test, and:
• if the test delivers a negative result, they must remain in isolation for the remainder of the 14-day isolation period. This is because they could still develop the coronavirus (COVID-19) within the remaining days.
• if the test result is positive, they should inform their setting immediately, and must isolate for at least 7 days from the onset of their symptoms (which could mean the self-isolation ends before or after the original 14-day isolation period). Their household should self-isolate for at least 14 days from when the symptomatic person first had symptoms, following ‘stay at home: guidance for households with possible or confirmed coronavirus (COVID-19) infection’
Schools should not request evidence of negative test results or other medical evidence before admitting children or welcoming them back after a period of self-isolation.
Further guidance is available on testing and tracing for coronavirus (COVID-19).
9. Contain any outbreak by following local health protection team advice
If schools have two or more confirmed cases within 14 days, or an overall rise in sickness absence where coronavirus (COVID-19) is suspected, they may have an outbreak, and must continue to work with their local health protection team who will be able to advise if additional action is required.
In some cases, health protection teams may recommend that a larger number of other pupils self-isolate at home as a precautionary measure – perhaps the whole site or year group. If schools are implementing controls from this list, addressing the risks they have identified and therefore reducing transmission risks, whole school closure based on cases within the school will not generally be necessary, and should not be considered except on the advice of health protection teams.
In consultation with the local Director of Public Health, where an outbreak in a school is confirmed, a mobile testing unit may be dispatched to test others who may have been in contact with the person who has tested positive. Testing will first focus on the person’s class, followed by their year group, then the whole school if necessary, in line with routine public health outbreak control practice.
Alternative Provision
It is our intention that all pupils in alternative provision (AP) settings (including pupil referral units, AP academies and AP free schools) will return to school full time from the start of the autumn term. To support this return, AP settings must comply with health and safety law which requires employers to assess risks and put in place proportionate control measures. They should work through the system of controls outlined above, adopting measures that help them meet each control in a way that addresses the risk identified in their assessment, works for their setting, and allows them to deliver a broad and balanced curriculum for pupils.
When working through the system of controls, APs should take steps to minimise social contact and mixing as far as is practicable. All APs, especially larger AP schools, should consider whether pupils can be placed into smaller groups and still receive a broad and balanced curriculum. Due to the smaller size of many AP settings, and because APs are not typically organised by year groups, APs may wish to adopt whole school bubbles as part of their system of control and in order to best meet the needs of their students.

From <https://www.gov.uk/government/publications/actions-for-schools-during-the-coronavirus-outbreak/guidance-for-full-opening-schools>

Section 2: School operations - Transport
Social distancing has significantly reduced available transport capacity. This guidance sets out a new framework for supporting transport to and from schools from the autumn term.
We are making a distinction between dedicated school transport and wider public transport:
• by dedicated school transport, we mean services that are used only to carry pupils to school. This includes statutory home to school transport, but may also include some existing or new commercial travel routes, where they carry school pupils only
• by public transport services, we mean routes which are also used by the general public
Dedicated school transport, including statutory provision
Pupils on dedicated school services do not mix with the general public on those journeys and tend to be consistent. This means that the advice for passengers on public transport to adopt a social distance of two metres from people outside their household or support bubble, or a ‘one metre plus’ approach where this is not possible, will not apply from the autumn term on dedicated transport.
The approach to dedicated transport should align as far as possible with the principles underpinning the system of controls set out in this document and with the approach being adopted for your school. It is important to consider:
• how pupils are grouped together on transport, where possible this should reflect the bubbles that are adopted within school
• use of hand sanitiser upon boarding and/or disembarking
• additional cleaning of vehicles
• organised queuing and boarding where possible
• distancing within vehicles wherever possible
• the use of face coverings for children over the age of 11, where appropriate, for example, if they are likely to come into very close contact with people outside of their group or who they do not normally meet
Dedicated school services can take different forms. Some journeys involve coaches regularly picking up the same pupils each day, others involve use of a minibus whilst other services are used by different pupils on different days, or by pupils with SEND. The precise approach taken will need to reflect the range of measures that are reasonable in the different circumstances.
It will also require a partnership approach between local authorities, schools, trusts, dioceses and others. In particular, it is imperative that schools work closely with local authorities that have statutory responsibility for ‘home to school transport’ for many children, as well as a vital role in working with local transport providers to ensure sufficient bus service provision. DfE will shortly publish new guidance to local authorities on providing dedicated school transport, based on the framework outlined here.
Given the pressures on public transport services it may also be necessary to work with local authorities so that they can identify where it might be necessary to provide additional dedicated school transport services, including in places where these services do not currently operate. The government is currently evaluating this position and will set out next steps shortly.
Wider public transport
In many areas, pupils normally make extensive use of the wider public transport system, particularly public buses. We expect that public transport capacity will continue to be constrained in the autumn term. Its use by pupils, particularly in peak times, should be kept to an absolute minimum.
To facilitate the return of all pupils to school, it will be necessary to take steps to both depress the demand for public transport and to increase capacity within the system. Both will require action at a national and local level. Schools have a critical role to play in supporting collaboration between all parties - providers, local authorities, parents and pupils.
Schools should work with partners to consider staggered start times to enable more journeys to take place outside of peak hours. We recognise that this option will be more feasible in some circumstances than others.
Schools should encourage parents, staff and pupils to walk or cycle to school if at all possible. Schools may want to consider using ‘walking buses’ (a supervised group of children being walked to, or from, school), or working with their local authority to promote safe cycling routes. The government has announced a £2 billion package to promote cycling and walking, including to support pop-up bicycle lanes and widened pavements. For some families, driving children to school will also be an option.
However, these options will not be suitable for all. The Department for Transport is asking local authorities to:
• urgently work with schools to survey parents on their typical routes to school and potential alternatives
• consider a range of options for shifting demand for public transport onto other modes
• consider using traffic demand management approaches in order to ensure that children are able to attend school from the start of the autumn term
Travel patterns, the availability of vehicles, the length of journeys undertaken, and other local pressures on public transport vary significantly. The government recognises the challenge but is confident that if all available options are considered by all parties it will be possible to reduce demand and ensure transport is available for those who need it most. Experience during the 2012 London Olympics showed that it is possible to make a very real difference to travel patterns where there is a concerted effort to do so and where the general public understand the imperative for doing so.
Families using public transport should refer to the safer travel guidance for passengers.

From <https://www.gov.uk/government/publications/actions-for-schools-during-the-coronavirus-outbreak/guidance-for-full-opening-schools>

Attendance - Attendance expectations
In March when the coronavirus (COVID-19) outbreak was increasing, we made clear no parent would be penalised or sanctioned for their child’s non-attendance at school.
Now the circumstances have changed and it is vital for all children to return to school to minimise as far as possible the longer-term impact of the pandemic on children’s education, wellbeing and wider development.
Missing out on more time in the classroom risks pupils falling further behind. Those with higher overall absence tend to achieve less well in both primary and secondary school. School attendance will therefore be mandatory again from the beginning of the autumn term. This means from that point, the usual rules on school attendance will apply, including:
• parents’ duty to secure that their child attends regularly at school where the child is a registered pupil at school and they are of compulsory school age;
• schools’ responsibilities to record attendance and follow up absence
• the availability to issue sanctions, including fixed penalty notices in line with local authorities’ codes of conduct
Pupils who are shielding or self-isolating
We now know much more about coronavirus (COVID-19) and so in future there will be far fewer children and young people advised to shield whenever community transmission rates are high. Therefore, the majority of pupils will be able to return to school. You should note however that:
• a small number of pupils will still be unable to attend in line with public health advice because they are self-isolating and have had symptoms or a positive test result themselves; or because they are a close contact of someone who has coronavirus (COVID-19)
• shielding advice for all adults and children will pause on 1 August, subject to a continued decline in the rates of community transmission of coronavirus (COVID-19). This means that even the small number of pupils who will remain on the shielded patient list can also return to school, as can those who have family members who are shielding. Read the current advice on shielding
• if rates of the disease rise in local areas, children (or family members) from that area, and that area only, will be advised to shield during the period where rates remain high and therefore they may be temporarily absent (see below).
• some pupils no longer required to shield but who generally remain under the care of a specialist health professional may need to discuss their care with their health professional before returning to school in September (usually at their next planned clinical appointment). You can find more advice from the Royal College of Paediatrics and Child Health.
Where a pupil is unable to attend school because they are complying with clinical and/or public health advice, we expect schools to be able to immediately offer them access to remote education. Schools should monitor engagement with this activity (as set out in the section below).
Where children to attend school as parents are following clinical and/or public health advice, absence will not be penalised.
Pupils and families who are anxious about return to school
All other pupils must attend school. Schools should bear in mind the potential concerns of pupils, parents and households who may be reluctant or anxious about returning and put the right support in place to address this. This may include pupils who have themselves been shielding previously but have been advised that this is no longer necessary, those living in households where someone is clinically vulnerable, or those concerned about the comparatively increased risk from coronavirus (COVID-19), including those from Black, Asian and Minority Ethnic (BAME) backgrounds or who have certain conditions such as obesity and diabetes.
If parents of pupils with significant risk factors are concerned, we recommend schools discuss their concerns and provide reassurance of the measures they are putting in place to reduce the risk in school. Schools should be clear with parents that pupils of compulsory school age must be in school unless a statutory reason applies (for example, the pupil has been granted a leave of absence, is unable to attend because of sickness, is absent for a necessary religious observance etc).
Action for all schools and local authorities
We are asking schools to work with families to secure regular school attendance from the start of term as this will be essential to help pupils catch up on missed education, make progress and promote their wellbeing and wider development.
We are asking schools and local authorities to:
• communicate clear and consistent expectations around school attendance to families (and any other professionals who work with the family where appropriate) throughout the summer ahead of the new school year
• identify pupils who are reluctant or anxious about returning or who are at risk of disengagement and develop plans for re-engaging them. This should include disadvantaged and vulnerable children and young people, especially those who were persistently absent prior to the pandemic or who have not engaged with school regularly during the pandemic
• use the additional catch-up funding schools will receive, as well as existing pastoral and support services, attendance staff and resources and schools’ pupil premium funding to put measures in place for those families who will need additional support to secure pupils’ regular attendance
• work closely with other professionals as appropriate to support the return to school, including continuing to notify the child’s social worker, if they have one, of non-attendance
We will issue further technical guidance for schools to record attendance and absence, including what data schools will be asked to return to the department.
School workforce
Following the reduction in the prevalence of coronavirus (COVID-19) and relaxation of shielding measures from 1 August, we expect that most staff will attend school.
It remains the case that wider government policy advises those who can work from home to do so. We recognise this will not be applicable to most school staff, but where a role may be conducive to home working for example, some administrative roles, school leaders should consider what is feasible and appropriate.
Staff who are clinically vulnerable or extremely clinically vulnerable
Where schools apply the full measures in this guidance the risks to all staff will be mitigated significantly, including those who are extremely clinically vulnerable and clinically vulnerable. We expect this will allow most staff to return to the workplace, although we advise those in the most at risk categories to take particular care while community transmission rates continue to fall.
Advice for those who are clinically-vulnerable, including pregnant women, is available.
Individuals who were considered to be clinically extremely vulnerable and received a letter advising them to shield are now advised that they can return to work from 1 August as long as they maintain social distancing. Advice for those who are extremely clinically vulnerable can be found in the guidance on shielding and protecting people who are clinically extremely vulnerable from COVID-19.
School leaders should be flexible in how those members of staff are deployed to enable them to work remotely where possible or in roles in school where it is possible to maintain social distancing.
People who live with those who are clinically extremely vulnerable or clinically vulnerable can attend the workplace.
Staff who are pregnant
As a general principle, pregnant women are in the ‘clinically vulnerable’ category and are advised to follow the relevant guidance available for clinically-vulnerable people.
Staff who may otherwise be at increased risk from coronavirus (COVID-19)
Some people with particular characteristics may be at comparatively increased risk from coronavirus (COVID-19), as set out in the COVID-19: review of disparities in risks and outcomes report. The reasons are complex and there is ongoing research to understand and translate these findings for individuals in the future. If people with significant risk factors are concerned, we recommend schools discuss their concerns and explain the measures the school is putting in place to reduce risks. School leaders should try as far as practically possible to accommodate additional measures where appropriate.
People who live with those who have comparatively increased risk from coronavirus (COVID-19) can attend the workplace.
Employer health and safety and equalities duties
Schools have a legal obligation to protect their employees, and others, from harm and should continue to assess health and safety risks and consider how to meet equalities duties in the usual way. Following the steps in this guidance will mitigate the risks of coronavirus (COVID-19) to pupils and staff and help schools to meet their legal duties to protect employees and others from harm.
Supporting staff
Governing boards and school leaders should have regard to staff (including the headteacher) work-life balance and wellbeing. Schools should ensure they have explained to all staff the measures they are proposing putting in place and involve all staff in that process.
All employers have a duty of care to their employees, and this extends to their mental health. Schools already have mechanisms to support staff wellbeing and these will be particularly important, as some staff may be particularly anxious about returning to school. The Department for Education is providing additional support for both pupil and staff wellbeing in the current situation. Information about the extra mental health support for pupils and teachers is available.
The Education Support Partnership provides a free helpline for school staff and targeted support for mental health and wellbeing.
Staff deployment
Schools may need to alter the way in which they deploy their staff, and use existing staff more flexibly to welcome back all pupils at the start of the autumn term. Managers should discuss and agree any changes to staff roles with individuals.
It is important that planning builds in the need to avoid increases in unnecessary and unmanageable workload burdens. This could include a review of existing practices in this respect and schools may wish to draw on DfE’s workload reduction toolkit.
DfE has also published a range of resources, including case studies to support remote education and help address staff workload, this includes case studies on managing wellbeing.
If, having pursued all the immediate options available, you still have concerns about your staffing capacity talk to your local authority or trust.
Deploying support staff and accommodating visiting specialists
Schools should ensure that appropriate support is made available for pupils with SEND, for example by deploying teaching assistants and enabling specialist staff from both within and outside the school to work with pupils in different classes or year groups.
Where support staff capacity is available, schools may consider using this to support catch-up provision or targeted interventions. Teaching assistants may also be deployed to lead groups or cover lessons, under the direction and supervision of a qualified, or nominated, teacher (under the Education (Specified Work) (England) Regulations 2012 for maintained schools and non-maintained special schools and in accordance with the freedoms provided under the funding agreement for academies). Any redeployments should not be at the expense of supporting pupils with SEND. Headteachers should be satisfied that the person has the appropriate skills, expertise and experience to carry out the work, and discuss and agree any proposed changes in role or responsibility with the member of staff. This includes ensuring that safe ratios are met, and/or specific training undertaken, for any interventions or care for pupils with complex needs where specific training or specific ratios are required.

From <https://www.gov.uk/government/publications/actions-for-schools-during-the-coronavirus-outbreak/guidance-for-full-opening-schools>

Face coverings to become mandatory on public transport

From 15 June, face coverings will be required while using public transport in England.

Published 4 June 2020

From:
Department for Transport and The Rt Hon Grant Shapps MP

# government asks transport operators in England to make wearing face coverings a requirement of using public transport from 15 June to coincide with the next stage of carefully easing restrictions

# bus, coach, train, tram, ferry and aircraft passengers must wear a face covering on their journey to help reduce the risk of transmission when social distancing is not always possible - with government also working with operators to ensure staff are provided with face coverings where appropriate

# guidance remains to work from home if you can and avoid public transport where possible

The government will work with operators to make it mandatory for passengers to wear face coverings when using public transport in England, the Transport Secretary Grant Shapps announced today (4 June 2020).

Wherever possible people should continue to avoid public transport and walk, cycle or drive, but for some people this may not be an option. Transport usage has been slowly increasing, including on the tube which has seen around a 20% rise this week compared to last week.

When necessary to use public transport people may be more likely to be in enclosed spaces for longer periods of time where we know there is a greater risk of the spread of the virus and social distancing is likely to be difficult to follow consistently. This differs from enclosed spaces like shops, for example, where people can more easily go outside if social distancing is not possible and where shop owners can place limits on the number of customers allowed inside at any one time. The Scientific Advisory Group for Emergencies (SAGE) has set out that using face coverings in this setting can provide some small additional protection to fellow passengers and can help people to avoid unknowingly spreading the virus if they are suffering from coronavirus, but not showing symptoms.

Speaking at the Downing Street coronavirus briefing, Grant Shapps confirmed the government is asking operators to introduce face coverings as a requirement for travel from 15 June. The government will also work closely with the transport industry to help them implement the plans.

The changes will be made under legislation such as the National Rail Conditions of Travel and Public Service Vehicle Regulations for buses. While the government expects the vast majority of people to comply with the changes, operators will be able to refuse travel or issue penalty fines for those who fail to wear a face covering, in a similar way to the rules on having a ticket for travel. British Transport Police will also support the implementation of these changes.

Social distancing and hand washing remain by far the most important disease prevention measures but it is also vital all passengers travelling on buses, coaches, trains, trams, ferries and aircraft should wear a face covering and the government will also work with operators to ensure staff are provided with, and wear face coverings, where appropriate for their role.

People should wash their hands or use hand sanitiser before putting their face covering on and after taking it off and it is important that people don’t touch their face covering when wearing it, where possible, to avoid hand to mask transmission of the virus.

Transport Secretary Grant Shapps said:

People should continue to avoid public transport wherever possible. But, as restrictions are carefully eased when it is safe to do so, it’s likely that we will see more people needing to use public transport.

So, while respecting social distancing and maintaining good hand hygiene remain the most important steps we can all take to stay safe, wearing a face covering can play a role in helping us to protect each other.

This is about the small changes we can take to help control the virus, which is why I urge everyone using transport to wear a face covering, to help keep us all safer.

Face coverings are not the same as face masks. It is important that people do not use medical grade PPE masks to ensure these remain available for frontline staff. Last month, the government set out advice for people on how to make their own face coverings easily at home, using scarves or other textile items. These face coverings should cover the mouth and nose while allowing the wearer to breathe comfortably and can be as simple as a scarf or bandana that ties behind the head to give a snug fit.

Paul Plummer, Chief Executive of the Rail Delivery Group, said:

Wearing face coverings on trains will help to ensure that those who need to travel by rail can do so with confidence. Greater use of face coverings will boost the other measures we are putting in place to keep people safe, like more thorough cleaning, improved information on potential crowding and one-way systems at busier stations.

To ease pressure on public transport, the government has announced measures to encourage people to choose other forms of transport, including £2 billion for cycling, and the acceleration of e-scooter trials across the country. To capitalise on the increase in cycling uptake in recent months, the government is also working hard on measures to get more people commuting by bike with initiatives such as the Cycle to Work scheme to help with the cost of bikes, including e-bikes.

Coronavirus (COVID-19): safer transport guidance for operators

From <https://www.gov.uk/government/publications/coronavirus-covid-19-safer-transport-guidance-for-operators/coronavirus-covid-19-safer-transport-guidance-for-operators>

Introduction
This guide will help organisations, agencies and others (such as self-employed transport providers) understand how to provide safer workplaces and services for themselves, their workers and passengers across all modes of private and public transport. It outlines measures to assess and address the risks of coronavirus (COVID-19) in the transport sector across England.
Each transport provider will need to translate the principles and examples in this guidance into specific actions. It must be considered alongside legal duties and other guidance produced by the government and the relevant transport regulator for your mode. Transport providers should remain mindful of their obligations under both health and safety and employment legislation. The integrated nature of the UK’s public transport system makes it important that transport providers try to co- ordinate their planning and their actions with other providers.

Risk assessment
A risk assessment is about identifying sensible measures to control the risks in your workplace and the service you provide. Your risk assessment will help you decide whether you have addressed all necessary points. Review your risk assessment regularly to ensure that it remains relevant and appropriate under changing circumstances.
We recommend that your risk assessment identifies risks resulting from coronavirus and that you use this guide to ensure that your risk assessment addresses the risks of coronavirus. It will help inform your decisions and control measures. The Department for Business, Energy and Industrial Strategy (BEIS) also has guidance on how a coronavirus risk assessment can be undertaken.
All existing non-coronavirus related health and safety requirements continue to apply. The Health and Safety Executive and other transport regulators can help you comply with health and safety legislation.
Employers have a duty to consult employees on health and safety. Workers should be involved in assessing workplace risks and the development and review of workplace health and safety policies in partnership with the employer. Employees should be encouraged to identify, speak up and feed back on risks and control measures.
We recommend you consider the following when conducting a coronavirus risk assessment:
    • Risks to workers, passengers, customers and the public, along with the control measures required.
    • The impact of control measures and whether they result in additional, different risks or non-compliance with other requirements (for example health and safety or equalities legislation).
    • Applying the hierarchy of controls set out in the Management of Health and Safety at Work Regulations 1999.
    • Consultation with workers, or bodies representing workers, and the public.
    • The visibility of the results of any risk assessment.
    • Service providers have duties to ensure individuals with protected characteristics, for example disabled people, the elderly and pregnant women, are able to access transport networks. Individuals should be supported to comply with social distancing. All equality and discrimination law continues to apply. Organisations need to ensure that the actions taken as a result of the assessment do not disproportionately impact those with protected characteristics.

Who should be at work
If people can, they should work from home
When deciding who can work from home, organisations could consider:
    • Who is essential to be on site; for example, office workers should work from home if possible.
    • The minimum number of people needed in vehicles, on site and/or in the office to operate safely and effectively.
    • The wellbeing of people working from home and how to help them stay connected.
    • Keeping in touch with off-site workers on their working arrangements including their welfare, mental and physical health and personal security.
    • Providing equipment to enable working from home safely and effectively.
    • Looking at what roles and tasks can be done from home and supporting workers to do this where possible, for example, administrative tasks or customer communications.
    • Reallocating tasks between workers, to increase the opportunity for home working.
    • Regularly reviewing how different working arrangements are impacting workers, and how to improve the arrangements.
    • Let workers know in advance if they are required to travel or not.
    • Whether support workers are needed to make their networks accessible (for example to operate ramps or lifts) and consider categorising these workers as ‘essential’.

Protecting people who are at higher risk
    • Consider the guidance on clinically extremely vulnerable and clinically vulnerable people at work.
    • Employers should offer support to their workers, particularly around wellbeing and mental health.
Organisations could consider:
    • Re-deploying clinically vulnerable people into roles where they can work from home.
    • If clinically vulnerable individuals cannot work from home, they and their employer should consider the level of risk, both on their journey to work and in line with the wider risk assessment of their working situation, as set out in the guidance for employers.
    • If re-deployment would mean not having enough people on- site to run the operations, move vulnerable workers into lower risk activities where they have the highest chance of remaining 2 metres away from others, where possible.
    • Providing support for workers around mental health and wellbeing. This could include guidance or telephone support for example.

People who need to self-isolate
Workers who have symptoms of coronavirus or workers living in a household with someone showing symptoms of coronavirus should self-isolate, stay at home and arrange to have a test to see if they have COVID-19.
Organisations should:
    • Enable people to work from home while self-isolating if appropriate. See current guidance for employees and employers relating to statutory sick pay due to coronavirus.
    • Ensure that individuals stay at home for 7 days from when symptoms started. After 7 days if there is no high temperature there is no need to continue to self-isolate. If there is still a high temperature, self-isolate until temperature returns to normal. If living with others and the individual is the first in the household to have symptoms of coronavirus, then they must stay at home for 7 days, but all other household members who remain well must stay at home and not leave the house for 14 days. The 14-day period starts from the day when the first person in the household became ill.
    • Encourage workers to apply for a coronavirus test if symptomatic.
    • Ensure there are processes in place if someone attending the workplace shows symptoms or is infected.
There is currently no requirement to self-isolate if you have been in proximity with someone showing coronavirus symptoms in the workplace and have been following social distancing measures. If a worker’s symptoms match those of coronavirus, encourage them to apply for a coronavirus test.

Social distancing and face coverings
Passengers and people working on the transport network should keep their distance from people outside their household, recognising that this will not always be possible. The risk of infection increases the closer you are to another person with the virus and the amount of time you spend in close contact. You are very unlikely to be infected from walking past another person. Public Health England (PHE) recommends trying to keep 2 metres away from people, where possible, as a precaution. However, this is not a rule and the science is complex. The key thing is to not be too close to people for more than a short amount of time, as much as you can.
Employers should advise staff and passengers on ways of working to keep their distance from other people as much as possible. There are situations where this may not be possible, for example when boarding or alighting, during security checks, on busier services, busier times of day, when walking through interchanges and when undertaking maintenance work that requires two people for the task. Where social distancing is not possible try to minimise the time spent within 2 metres of others, and keep groups of workers in teams that are as small as possible (“cohorting”). For example, keeping maintenance crews working together, rather than mixing crew members on different shifts.
Organisations could consider:
    • Creating and agreeing a single, clear approach to social distancing for all workers and passengers.
    • Agreeing and maintaining clear rules for workers and passengers that meet social distancing guidelines, for example:
        ○ Clear rules for interacting with passengers, receiving goods, and testing equipment.
        ○ Support individual workers who choose to use face coverings in situations where social distancing is not possible.
    • Organising the workspace and how people work in a single space to follow social distancing guidelines, such as:
        ○ Separating workspaces 2 metres apart from one another, where possible.
        ○ Use of screens or barriers.
        ○ Eliminating face-to-face seating, for example, shift to ‘bench’ style.
        ○ Repositioning workspaces to allow for optimal ventilation.
        ○ Reducing occupancy of group interaction spaces, including spaces shared with other organisations.
    • Adjustments for those with specific needs or protected characteristics, for example disabled people, the elderly and pregnant women. Consider groups of people who process information differently or who may not be able to distance from others.
Workplaces should not encourage the precautionary use of extra personal protective equipment (PPE) to protect against coronavirus outside of clinical settings or when responding to a suspected or confirmed case.
Where you are already using PPE in your work activity to protect against non-COVID-19 risks, you should continue to do so. When managing the risk of COVID-19, additional PPE beyond what you usually wear is not beneficial. This is because COVID-19 is a different type of risk to the risks you normally face in a workplace, and needs to be managed through social distancing, hygiene and fixed teams or partnering, not through the use of PPE.
There are some circumstances when wearing a face covering may be marginally beneficial as a precautionary measure. The evidence suggests that wearing a face covering does not protect you, but it may protect others if you are infected but have not yet developed symptoms. This is most relevant for short periods indoors in crowded areas.
Government guidance is for passengers, if they can, to wear a face covering if they need to use public transport.
A face covering is not the same as the surgical masks or respirators used by healthcare and other workers as part of personal protective equipment. These should continue to be reserved for those who need them to protect against risks in their workplace, such as health and care workers, and those in industrial settings, like those exposed to dust hazards.
Wearing a face covering is optional and is not required by the law. If workers choose to wear one, it is important to use face coverings properly and wash hands before putting them on and taking them off. Use the guidance on face coverings.
If workers choose to use face coverings, you should support them in using face coverings safely. For example:
    • Wash your hands thoroughly with soap and water for 20 seconds or use hand sanitiser before putting a face covering on, and after removing it.
    • When wearing a face covering, avoid touching your face or face covering, as you could contaminate them with germs from your hands.
    • Change your face covering if it becomes damp or if you’ve touched it.
    • Continue to wash your hands regularly.
    • Change and wash your face covering daily.
    • If the material is washable, wash in line with manufacturer’s instructions. If it’s not washable, dispose of it in your usual waste.
    • Practise social distancing wherever possible.

Workforce planning
Protecting workers arriving at and leaving the workplace
When arriving and leaving the workplace, there may be occasions when workers are in the same space or are using entrances and exits at the same time. You should consider opportunities to reduce risk in these situations.
Organisations could consider:
    • Staggering arrival and departure times at work where possible to reduce crowding on routes to and from the workplace.
    • Reducing queues, for example by having more entry points to the workplace.
    • Providing more storage for workers for clothes and bags.
    • Managing queues, for example through floor markings, signs and introducing one-way flow at entry and exit points, considering the impact on public spaces, and working collaboratively with other operators and local authorities.
    • Hand sanitation at building entry/exit points and not using touch-based security devices (such as keypads).
    • Reviewing workplace access points and entry requirements (for example deactivating turnstiles requiring pass checks in favour of showing a pass to security personnel at a distance). Organisations need to make sure that alternative checks provide the same level of security.
    • Limiting passengers in business vehicles (for example, work minibuses), leaving seats empty.
    • Collaborating with other organisations that share the premises to minimise people on site.
    • Assigning fixed groups of workers to the same transportation routes where sole travel is not possible.
    • Providing additional safe facilities for runners/walkers/cyclists as well as alternative means of transport such as coaches.

Protecting workers in the workplace
Where workers are unable to work from home, you should be taking steps to reduce transmission from face-to-face interaction and enable social distancing in the workplace.
Organisations could consider:
    • Making workforce travel plans in advance of workers returning to work.
    • As far as possible, where workers are split into teams or shift groups, fixing these teams or shift groups so that where contact is unavoidable, this happens between the same people.
    • Where shift patterns are not already in place, consider introducing these to enable more workers to work during a 24-hour period while having as few workers as possible on-site at any one time.
    • Identifying areas where people must pass things directly to each other (for example documents, spare parts, cargo, raw materials) or share tools/equipment, and look for ways to remove direct contact through use of drop-off points or transfer zones.
    • Using remote working tools to avoid meetings with lots of people.
    • If meetings are necessary, keeping all attendees 2 metres apart, ensure they do not share objects, such as pens and paper, and have hand sanitiser accessible.
    • Using digital means to communicate shift patterns.
    • Staggering break times to reduce pressure on break rooms or canteens.
    • Designating outside areas as common areas if safe to do so.
    • Creating additional space from other parts of the worksite or building freed up by remote working.
    • Using protective screening for workers in reception or similar areas.
    • Using packaged meals or similar to avoid opening canteens.
    • Reconfiguring seating and tables to optimise spacing and reduce face-to-face situations.
    • Encouraging workers to stay on-site during working hours.
    • Using floor tape or paint to mark areas to help workers keep to a 2 metre distance.
    • Avoiding use of hot desks where possible. Otherwise cleaning workstations and shared equipment between different occupants.
    • Limiting use of high-touch items and shared office equipment (for example, printers, whiteboards).
    • Only essential meeting participants should attend.
    • Providing hand sanitiser in workspaces.
    • Reducing job and location rotation.
    • Updating first aid training.

Queues and protecting passenger flows
To protect passengers and workers on the transport network, it is essential, as far as possible, to enable social distancing. These measures should cover different types of vehicles, car parks, service areas, airports, station concourses and platforms as well as considering how people act in different circumstances (for example consider wet weather, indoor, outdoor, security procedures). Transport operators are also advised to consider and mitigate the security implications of any temporary interventions to support social distancing.
Particular attention should be given to queues that may occur, including at interchanges and busy times of day, or when there are unanticipated delays. It is important that passengers can queue safely (observing social distancing where possible) and that workers stay safe while passengers queue.
Organisations could consider:

Communications
    • Displaying messages, signs and making announcements to discourage non-essential trips and that where possible people should work from home.
    • Promoting other active travel modes (for example walking, cycling) or other demand management techniques.
    • Communicating with passengers through social media and websites to help passengers prepare for their journeys and know what to expect.

Planning
    • Anyone that does need to travel to work can use public transport if they need to, but they should be very strongly encouraged to use other forms of transport where possible.
    • Undertaking joint planning with other transport organisations at transport interchanges to ensure aligned approaches.
    • Identifying areas where there is increased risk of congestion or crowding due to reduced capacity because of social distancing requirements and identifying mitigations with other operators and local authorities. Following guidance on public places and considering arrangements that other shops and business may need to implement for their circumstances and how these plans interact.
    • Identifying in advance areas where queues may occur. In these and surrounding areas, consider physical infrastructure, passenger signage, road safety signage, communications and other controls to achieve safe queuing. For example, operators could introduce floor markings, signs and one-way flow at entry and exit points.
    • Providing guidance for workers assisting people with protected characteristics, for example disabled people, the elderly and pregnant women.
    • For security searches, PHE recommends first asking passengers if they have any recognised symptoms of coronavirus. PHE recommend that staff consider wearing gloves for each search and wash their hands as frequently as possible.

Crowd management
    • Consider whether queues can be moved to locations with more space for safe queues. Liaise as appropriate with other bodies (such as other transport operators, landlords and local authorities) to safely manage queues and any impact on public spaces. Consider how to provide passengers and services users with information on the service.
    • If services, concourses or interchanges become too crowded, or queues become too long, operators should consider the full range of operational responses available, recognising the knock-on effects on other transport modes in making these decisions.
    • Use social media, apps and other digital methods to alert passengers before they leave home, and to help passengers stay away or disperse until there is sufficient capacity available.

Social distancing in vehicles and at service areas, stations, stops, ports and airports
    • Rearranging, limiting or removing seating to try and ensure social distancing is observed and that it can be cleaned regularly using a rota or some other tracker. This may include:
        ○ Blocking off seats that are in close proximity to a driver or other workers and passengers.
        ○ Removing face-to-face seating.
        ○ Maximising separation for example by sitting in back left hand seat of a car.
    • Using floor tape, signs or paint in passenger areas to help people keep 2 metres apart, where appropriate. Using screens to create a physical barrier between people where appropriate, such as in ticket offices.
    • Introducing more one-way flow through areas and vehicles.
    • Revising maximum occupancy for lifts and ways of operating lifts.
    • Making arrangements for monitoring compliance to assist with further planning (for example appointment of a social distancing marshal).
    • Keeping in mind particular needs of workers and passengers who have protected characteristics, for example disabled people, the elderly and pregnant women.

Emergency incidents
Emergency procedures
Ensure that your emergency procedures are followed during an emergency or situation requiring an evacuation. You should consider how to maintain social distancing in these situations, recognising that people may not always be able to stay 2 metres apart. Review and update existing queuing, crowd management and emergency plans and the situations when these are instigated.

What to do if someone develops symptoms of coronavirus in a transport setting
If anyone becomes unwell with the symptoms of coronavirus in a transport setting they should be sent home and advised to follow the stay at home guidance. They should also arrange to have a test to see if they have COVID-19.
If they need clinical advice, they should go online to NHS 111 (or call 111 if they don’t have internet access). In an emergency, call 999 if they are seriously ill or injured or their life is at risk. Do not visit the GP, pharmacy, urgent care centre or a hospital.
There is currently no requirement to self-isolate if you have been in proximity with someone showing coronavirus symptoms in the workplace and have been following social distancing measures.
Workers should wash their hands thoroughly for 20 seconds after any contact with someone who is unwell.
It is not necessary to close the transport setting or send any staff home.

Cleaning
Touch points (for example buttons to open doors, hand rails) across the transport network should be particular areas of focus for increased cleaning. Organisations should follow guidance on cleaning and waste disposal and implement cleaning protocols to limit coronavirus transmission and consider who will carry out the cleaning activity.

Cleaning before increasing capacity or re-opening
Organisations should ensure that any site or location that has been closed or kept partially open during the coronavirus outbreak is assessed and appropriate steps taken to prepare for restart or ongoing operation.
Organisations could consider:
    • Conducting a working environment assessment for all sites that have been closed, before restarting work.
    • Carrying out cleaning procedures, providing hand sanitiser, adjusting ventilation before restarting work.
    • Using Heating, Ventilation and Air Conditioning (HVAC) systems and/or opening windows and doors to encourage ventilation, where possible and safe to do so.
    • Defining and communicating consistent procedures for standard and deep cleaning.

Keeping public and private areas and modes of transport clean
Keep public and private areas and vehicles clean and prevent the transmission of coronavirus as a result of touching contaminated surfaces.
Organisations could consider:
    • Identifying higher risk areas such as areas that are touched more regularly.
    • Supplying standard cleaning products for regular cleaning and making sure there are adequate disposal arrangements for used cleaning products.
    • Cleaning regularly-touched objects and surfaces (like door handles, handrails and ticket machines) more often than usual using standard cleaning products.
    • Clearing workspaces, removing and appropriately disposing of waste and removing belongings from the work area at the end of each shift.
    • Cleaning all workstations, shared vehicles, hand tools, controls, machinery and equipment after use and between each shift and user.
    • Encouraging a reduction in paper-based processes and replacing these with digital forms of communication where possible.
    • Encouraging workers to wash hands before boarding vehicles.
    • Retaining sufficient quantities of hand sanitiser/wipes within vehicles to enable workers to clean hands after each delivery/drop-off.
    • Using wipes to clean fuel pumps before and after use.
    • Cleaning vehicle keys before and after handling.
    • Regular cleaning of work areas consistent with published guidance.

Hygiene – handwashing, sanitation facilities, toilets and showers
To help workers and passengers maintain good hygiene, organisations could consider:
    • Use signs and messages to build awareness of good handwashing technique and other hygiene behaviours for example around coughing and sneezing.
    • Providing paper towels in hand washing facilities.
    • Sufficient provision of hand sanitiser onsite in addition to washrooms, and for those working away from hand washing facilities.
    • Configuration of toilet and shower facilities to ensure they are kept clean, with social distancing where possible and with best practice handwashing followed between each use.
    • Enhanced cleaning for facilities that are heavily used.
    • Keeping showers and changing rooms closed until clear use and cleaning guidance is set.
    • Minimising use of portable toilets.
    • Providing more waste facilities and more frequent rubbish collection and disposal.

Ventilation
Organisations should consider how to increase ventilation and air flow. Where possible, transport operators and businesses should ensure that a fresh air supply is consistently flowing through vehicles, carriages, transport hubs and office buildings.
To achieve this, organisations could consider:
    • Air conditioning. Most air conditioning systems do not need adjustment, however where systems serve multiple buildings or you are unsure, advice could be sought from HVAC engineers.
    • Fresh ventilation systems can operate as normal, but recirculating air systems may require adjustments to increase fresh air flow.
    • High-Efficiency Particulate Air (HEPA) filtration.
    • Opening doors and windows where possible and safe to do so.

Communications and training
Transport operators should keep workers and passengers informed of the latest coronavirus related safety procedures. Organisations should share the government’s most recent guidance to all workers and organise training sessions on how to work or interact safely with colleagues and the public. Operators and businesses should carefully consider the best ways to share advice on how to travel safely and social distancing guidelines to passengers.
For workers, organisations could consider:
    • Engaging with workers through unions, work councils and other workers’ bodies to quickly explain and agree any changes in working arrangements.
    • Let workers know in advance if they are required to travel or not, ensuring where possible workers continue to work at home.
    • Clear and regular communication to improve understanding and consistency of how ways of working are applied.
    • Communication and training materials on new procedures. Some of these may need to be delivered online to maintain social distancing between workers.
    • Using posters and announcements to remind workers to wash their hands often and follow general hygiene advice.
    • Awareness and focus on the importance of mental health at times of uncertainty.
    • The use of visual and digital communications (for example whiteboards, signs, websites, intranets, emails) to explain changes to schedules, breakdowns, materials shortages without the need for face-to-face communications.
For passengers and travellers, organisations could consider:
    • Communicating with passengers through social media and websites to help passengers prepare for their journeys and what to expect.
    • Providing passengers with information on timetables, expected journey times, expected capacity (accounting for social distancing), delays and changes to normal routes.
    • Using posters and announcements to remind travellers and passengers to wash their hands often and follow general hygiene advice.
    • Promoting online ticket purchases.
    • Signs and announcements to help passengers understand what they need to do to travel safely and maintain social distancing when entering or exiting a site or vehicle, in consultation with other operators and local authorities for public highways and thoroughfares.
    • Information on provision and any changes to assistance services for those with protected characteristics, for example disabled people, the elderly and pregnant women, and how they can continue to access transport in a safe way.
    • The use of simple, clear and accessible messaging to explain guidelines using images and clear language, with consideration of groups whose first language may not be English or where alternative formats may be required.
    • Providing clear information to the public on how this guidance is being implemented.
International
Organisations should consider this guidance when operating services arriving into or departing from the UK and adhere to legal requirements and guidance set by foreign governments when operating in other countries. When operating in the UK, consideration should also be given to any guidance issued by the devolved governments of the UK.

From <https://www.gov.uk/government/publications/coronavirus-covid-19-safer-transport-guidance-for-operators/coronavirus-covid-19-safer-transport-guidance-for-operators>

All applications for a traffic commissioner to consider using the powers listed below must be made in writing to the Office of the Traffic Commissionerand sent to Enquiries@otc.gov.uk.During this period our ability to respond topostal communication willbe delayedand may not be possible.Goods Vehicle and Public Service Vehicle Operator Licensing1.Can I temporarily operate more vehiclesthan authorised under my goods vehicle operator’s licenceto meet an urgent public demand?Can I temporarily operate for hire or reward under my restricted goods vehicle operator’s licence?You need to ask a traffic commissioner to grant a temporary exemption (in writing) from any requirement to hold a standard licence,which would otherwise be imposed by sections 2 and 3 of the Goods Vehicle (Licensing of Operators) Act. In summary this allows for a restricted licence holder to operate for hire or reward, an existing licence holder to temporarily use more vehicles than the licence authorises or for someone who does not hold a licence to use a goods vehicle for hire or reward or in connection with a business.Traffic commissioners will only consider the use this power on receipt of awritten request from the person/entity proposing to operate.All requests should be sent to Enquiries@otc.gov.uksetting out the proposal and justification. A traffic commissioner will need to be satisfied that an applicant is not unfit to engage in road transport. Additionally, a traffic commissioner may check that:•the applicant is not insolvent•there are no outstanding maintenance or other issues, which might impact on road safety•that this is not an attempted device to avoid responsibility for alleged failures in compliance•that the applicant has satisfactory facilities and arrangements for maintaining the vehicles used under the exemption in a fit and serviceable condition. The traffic commissioner must be satisfied that the exemption is necessary for the purpose of enabling an emergency to be dealt with (in this case the current outbreak) or enabling some other special need to be met (arising from the outbreak).The traffic commissioner must also be satisfied that the applicant is engaged exclusively in national transport operations, which will have only a minor impact on the transport market because of the nature of the goods carried or the short distance the goods are carried. In the exceptional circumstances of the outbreak the Senior Traffic Commissioner has advised the traffic commissioners that they are entitled to rely on a declaration to that effect signed by the person or officer of the corporate entity.An application form to use when applying for a temporary exemption can be found at Annex A.
2.Due to challenging trading conditions I can no longer meet the requirementto be of the appropriate financial standing?Financial standing for standard licence holders is an important means by which a transport business becomes established and is intended to support the maintenance of vehicles and trailers during operation. It is a condition of an operator’s licence that changes in financial standing are notified to the traffic commissioner.Operators who cannot meet the financial standing requirement and want to keep operating shouldwrite to the traffic commissionerand ask for a period of grace. On considering whether to grant a period of grace a traffic commissioner will wish to be satisfied that:•the operator is not insolvent•there are no outstanding maintenance or other issues, which might impact on road safety•that this is not an attempt to avoid responsibility for alleged failures in compliance. Given the exceptional circumstances, the Senior Traffic Commissioner has directed that a traffic commissioner may rely on a satisfactory financial check within the last 12 months as evidence to support the granting of a Period of Grace. Traffic commissioners recognise the challenging nature of the operating environment during this period of uncertainty and will give serious consideration to the grant of a Period of Grace to those standard operators who require it if the qualifying circumstances are met. The STC has suggested a starting point of 4 months, which may allow for an extension to the maximum period of 6 months,should circumstances require that. 3.I hold a restricted licence and cannot meet the requirement to have sufficient financial resources available due to restrictions on trade.There is no power to grant Periods of Grace to an existing restricted operator. Operators who cannot meet the requirement to have sufficient financial resources should consider offering an undertaking to the traffic commissioner fora financial check to be carried out in the future and on a specified date. 4.Due to restrictions on movement I no longer have access to my operating centre. What steps do I need to take?Where a standard operator temporarilyloses access to an operatingcentre as a result of restrictions imposed during the outbreak, traffic commissioners willgive serious consideration to the grant of a Period of Graceto operate from an alternative site.
The Senior Traffic Commissioner has set a starting point of 4 months Period of Grace for qualifying operators. That starting point is intended to allow an extension to the maximum period of 6 months should circumstances require that. A traffic commissioner willwish to be satisfied as to where the vehicles will be parked in the alternative. It is recognised that during the period of the outbreak it may not be practicable to lodge an application for a new operating centre, which may only be required for temporary use. Restricted licence holders do not have facility to request a Period of Gracebut should notify the traffic commissioner for direction as to how to proceed.5.Operational needs require me to operate more vehicles from my operating centre than the current authorisation. I am still within my overall vehicle authorisation.The Office of the Traffic Commissioner has been instructed to try and assist operators and to prioritise applications. The optimal way to obtain grant of a variation is using the digital servicesavailable to operators. The purpose of the Statutory Documentis to streamline the process as much as possible within the flexibility that already exists in the legislation. Operators should consider submitting a complete application as soon as the need arises and seekan interim directionwhich will be considered as set out in the statutory document.6.I cannot maintain my vehicles in line with the stated intervals that I made a commitment to. You should never operate a vehicle in an unsafe condition. You should adopt a risk-based approach as you know your business best and where the greatest risks are. Maintenance intervals can exceptionally and in limited situations, be extended in line with the principles set out below.These principlesonly apply to standard licence holders (in any sector) or to restricted licence holders carrying out essential transport services involved in the delivery of food, non-food (personal care and household paper and cleaning), door to door refuse collection and disposal services, health services and over the counter pharmaceuticals, Fuel (transport and heating) or essential utility services (water, gas, electricity, telecommunications, road maintenance,etc)where their normal maintenance arrangements are affected by Covid-19. Where the concession is used, robust daily driver checks and effective use of vehicle monitoring systemsare even more important. The principles are as follows:•PMI intervals can be extended by up to 50% with a maximum of 17 weeks, whichever is the lesser, if it’s not possible to obtain the PMI under the normal inspection arrangementsThis needs to take in to account whether any monitored defects were reported on the previous safety inspection.
•There is noneed for a freshmaintenance contract but operatorsshould update their licence records online. Use the box provided for the maintenance suppliers address briefly to record the temporary arrangements. You can access your records here:https://www.gov.uk/manage-vehicle-operator-licence•Evidence of the justification for the reductionsuch as a letter or email from your workshop confirming unavailability is to be kept with PMIs and to be produced to OTC/DVSA/police on request.•Where the workshop facility is unavailable, consider using mobileinspections at operating centres. The inspection would need to be as full as possible and comply with the site’s health and safety requirements. An instrumented brake test should still be conducted.•DVSA have confirmed that they will not take enforcement action for vehicles operated with ‘in-service reported’ non-safety critical minor and major defects, where either parts or workshops are unavailable. This does not include using a vehicle or trailer with and any dangerous defects. Operators would need to keep evidence on the maintenance file where repairs have needed to be deferred due to these exceptional circumstances. The judgement ofwhether or not the vehicle is allowed to stay in service should be made by a suitably qualified technician. Guidance on the definition of minor, major and serious can be found in the DVSA HGV and PSV Inspection Manuals. •DVSA have also indicated that they will temporarily suspend delayed prohibition action, the defects will be reported on an inspection notice and the operator must keep on the maintenance file evidence that the defects have been rectifiedin a timely manner. •Where prohibitions are issued, depending on the nature of the defect, DVSA may be able to remove the prohibition by electronic submission of a fresh preventative maintenance inspection report and evidence that the defects have been repaired.Restricted LicencesIf you are the holder of a restricted licence and do not operate in the sectors mentioned above you should continue to abide by the intervals that you stated on your application to the traffic commissioner. You should always ensure that vehicles are roadworthy at all times and follow the advice provided by the Guide to Maintaining Roadworthiness found here

From <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/885325/200514_Advice_Note.pdf>


https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/785463/guide-to-maintaining-roadworthiness-commercial-goods-and-passenger-carrying-vehicles.pdf

My vehicles are not being used during this period. Do I have to carry out a pre-use inspection before I put them into use again?Although it is always recommended that a pre-use inspection is carried out prior to putting vehicles that have been stood idle back into service, the traffic commissioners recognise that operators will want to start using vehicles as soon as possible and there may be delays in businesses starting again when there may not be enough slots available at maintainers to inspect vehicles. Therefore, for fleets that are unused during this period the following principles can apply:•The PMI schedule is frozen or paused during the period that the vehicle is not used•The time to the next inspection can include any relaxation that applied to relevant vehicles under question6 above•If the vehicle has exceeded its normal or, if it qualified for the relaxation at question6, its extended PMI period, atechnically competent person, (technician if possible) is to carry out an enhanced walkaround check, which includes tyre pressure measurement and brake performance test. The brake performance test, if not undertaken on a roller brake tester, will includea measured temperature check of the brakes after a road test.The temperatures are to be recorded and retained•Vehicles over 12 years old and more than 50% or 4 weeks, whichever is greater, over their PMI cycle will receive a full preventative maintenance inspection before use•Regardless of the combination of relaxations applied, no vehicle will be put into service if more than 17 weeks has elapsed since the last full PMIThe following Questions & Answers provide further explanation of how the relaxations may be applied. Q1.A 3-year-old vehicle is planned with a 10-week PMI schedule, it is taken out of service at week 4 of the schedule and is off the road for 8 weeks, what inspection is required to bring the vehicle back into service?Ans.A technically competent person, (technician if possible) is to carry out an enhanced walkaround check, which includes tyre pressure measurement and brake performance test. The brake performance test, which if not undertaken on a roller brake tester, with a measured temperature check of the brakes after a road test.The vehicle then has a further 5 weeks to schedule the next PMI, not 6 as that would take it in excess of the 17-week backstop
Q2A 3-year-old vehicle is planned with a 10-week PMI schedule, it is taken out of service during week 10 of the schedule and is off the road for 4 weeks, what inspection is required to bring the vehicle back into service?Ans.A full PMI is required as the vehicle was in the last week of the 10-week schedule.Q3.A 14-year old vehicle is planned with a 4-week PMI schedule, it is taken out of service at week 1 of the schedule and is off the road for 2 weeks, what inspection is required to bring the vehicle back into service?Ans.Schedule remains the same, enhanced driver walkaround check, PMI required in 1 week.Q4.A 5-year old vehicle is planned with a 12-week PMI schedule, it is taken out of service at week 1 of the schedule and is off the road for 20 weeks, what inspection is required to bring the vehicle back into service?Ans.A full PMI is required as the vehicle would go beyond the 17-week maximum PMI intervalQ5.A 5-year old vehicle is planned with a 12-week PMI schedule, it is taken out of service at week 1 of the schedule and is off the road for 8 weeks, what inspectionis required to bring the vehicle back into service?Ans.Schedule remains the same, enhanced driver walkaround check needs to be carried out, PMI required in 8 weeks, (which inc para 6 concession maximum of 17 weeks between inspections).Q6.A 6-year old vehicle is planned with a 6-week PMI schedule, but it is now on week 8 and running under para 6 concession. it is taken out of service and is off the road for 4 weeks, what inspection is required to bring the vehicle back into service?Ans.A full PMI is required as the vehicle was operating overdue under para 6 concession. 8.I am a transport manager but am required to self-isolate, work from home, or I am absent from work through ill health.Therole of Transport Manager brings with it a lot of responsibilities(see paragraph 54 of Statutory Document No. 3).The conditions on the operator’s licence require
the operator to notify the traffic commissioner of matters which might impact for instance on the ability to show professional competence. Atraffic commissioner will then have to take a view on what is practicable in all the circumstances to meet the statutory duty. If a transport manager is in an ‘at risk’ group which limits their availability to attend an operating centre they are invited to submit a proposal to a traffic commissioner on how they will fulfil the requirements during the current situation. This may include the use of technology and other assistance.If a transport manager is required to work from home to comply with instructions from the Government,they are advised to consider how they can fulfil the statutory dutythrough the use of technology and other assistance. They may be required to demonstrate this at any time.If the period of working from home extends beyond four months a transport manager would be advised to formally notify the traffic commissioner of their working arrangements.If a transport manager is furloughed and is no longer carrying out the duties of transport manager the operator and/or the transport manager must advise the Office of the Traffic Commissioner by emailproviding details of the arrangements.Traffic commissioners would not normally expect to be notified of periods of short illness such as the general symptoms described in the current public health guidanceor absences as a result of a 14-day self-isolation period.Where a person develops more acute symptoms, it may be necessary to grant a Period of Grace. Recognising the additional challenges of recruitment during the period of the outbreak, the Senior Traffic Commissioner has set a starting point of 4 months Period of Grace for qualifying operators. That starting point is intended to allow for an extension to the maximum period of 6 months should circumstances require that. 9.Furloughing (standing down) a transport managerAs stated in question 8 the role of Transport Manager brings with it a lot of responsibilities (see paragraph 54 of Statutory Document No. 3). A Transport Manager is required to effectively and continuously manage the transport activities of an undertaking. The conditions on the operator’s licence require the operator to notify the traffic commissioner of matters which might impact for instance on the ability to show professional competence. There may be several scenarios which lead to an agreement to furlough a Transport Manager. The traffic commissioners will consider each case on its own merit,but the following provides the starting points for the traffic commissioners in their deliberations: •If an operator has temporarily laid up the whole fleetof licensed vehicles,the Transport Manager will not be required to exercise continuous and effective management of an undertaking which is not in operation. It is likely that the traffic commissioner would consider that there continues to be a genuine link
between the operatorand Transport Manager, whomust be re-engaged before operations recommence.The traffic commissioner would not normally expect to be advised of that change.•If an operator reduces their overall operation and some Transport Managers are furloughed (as mayoccur with some larger operationswho have several Transport Managers) the operator and/or the Transport Manager(s) must advise the Office of the Traffic Commissioner by email providing details of the arrangements. The Traffic Commissioner may require additional information.•If an operator continues to operate and attempts tofurlough the only Transport Manager, the Office of the Traffic Commissioner must be advised immediately. There is a mandatory and continuing requirement for professional competence on all standard licences. In order to continue operating that standard operator mustmake an application for a Period of Grace or seek a temporary exemption,in order to continue operating without a Transport Manager. The Contingency Statutory Document already refers to the approach,which might be taken by the Traffic Commissioner.10.I, or my transport manager, have an undertaking on my licence to complete training by a date before 30 June 2020, what should I do?You should follow the general Government advice on travel and attendance at events. If you cannot attend a required training event within the period set out in the undertaking you should notify the traffic commissioner as soon as possible. You should include the steps that you have taken to comply, including enclosing a receipt for any bookings made, and request that the traffic commissioner considers amending the undertaking to allow more time to comply. You will be contacted with details of the traffic commissioner’s determination.A number of training organisations are providing online alternatives which people are advised to investigate for suitability. Traffic commissioner do not accredit training providersbut may be persuaded to accept online courses as alternatives.Traffic commissioners understand that responsible providers of training will wish to ensure the effectiveness of online training and will adapt their courses so that: i)the instructor and all course participants arevisible to each other and audible throughout the training;ii)participants participate by means of a tablet, laptop or PC with the necessary camera/microphone capability. Participation by smartphone is unlikely to beacceptable unless it has the full functionality of the larger devices;iii)the course provider isable to verify the identity of all participants and doesso before the course commences;iv)the instructor isable to interact with participants, display material and discuss it simultaneously;
v)the number of people on the course is such to allow the instructor to ensure that all are sufficiently engaged and interacting on the course. Six is regarded as the maximum number of attendees to allow this to be effective;vi)the course willreplicate as far as is possible the training which would have been delivered in a physical environment. vii)there issome element of assessment at a point or points during the training, to verify that participants have actively engaged in the course; viii)while the virtual element of the course need not last 7 hours (or 14 hours in the case of a two day TM CPC refresher course), total participation time for each attendee (including prior reading, completion of “homework” modules etc) should be in this region;Public Inquiry and Driver Conduct Hearings11.I have been called to a Public Inquiry or a Driver Conduct hearing, will it go ahead during the coronavirus outbreak?During the current period there are nopublic inquiries being heldin person to assist in the response to the Coronavirus (COVID 19) outbreak. Where an immediate risk to road safety is identified a Traffic Commissionermay consider the requirement to call and hold a public inquiry.The Traffic Commissionerscontinue to closely monitor the position and may identify cases where a video link (virtual)hearingmay be suitable to consider an application or an outstanding regulatory matter.Any public inquiry or driver conduct hearing listed prior to 20 March 2020 has been postponed and all parties will have been advised.If ahearing is to proceed anyone who is due to attend should read the latest Government advice:https://www.gov.uk/guidance/coronavirus-covid-19-information-for-the-publicAnyone who has either a high temperature or a new continuous cough, or has recently returned from an affected area, is advised to follow published advice on NHS 111(this number works in Wales and Scotland) for advice and use the 111Coronavirus Online Servicefor medical help (you can also refer to NHS Direct in Walesand NHS Inform in Scotland). Current advice requires those demonstrating symptoms to self-isolate for a period of 7 days. Do not go to a GP surgery, pharmacy or hospital. You do not need to contact 111 to tell them you’re staying at home.The current advice is that, as long as you do not have confirmed or possible coronavirus (COVID-19) infection, you should continue to use tribunals as usual. This advice might changeand cases may be postponed.
If you, or the people who are coming to court with you, do have confirmed or possible coronavirus (COVID-19) infection, you should contact the court or tribunal in which the hearing is due to take place. You can find contact details on:https://www.gov.uk/government/organisations/traffic-commissioners/about/access-and-openingFurther updates will be made on the recommencement of pubicinquiries and driver hearings as soon as possible.Local Bus Service Registrations12.I am unable to run my registered services or wish to urgently register new services to assist in the transportation of essential workers. Current legislation already allows operators to seek short notice dispensation from a traffic commissioner in certain emergencies. Traffic commissioners have a discretionary power (Regulation 7) to accept short notice applications for services and in particular: -where the operator, due to circumstances he could not reasonably have foreseen, failed to make an application in sufficient time for the period of notice applicable; -where an operator applies to register or vary a registration to meet an urgent or exceptional public passenger transport requirement. In the event of widespread disruption operators who need to change their local bus service registrations at short notice are encouraged to apply using these provisions. Operators seeking to reduce or stopa service for a temporaryperiod may like to consider lodging a variation application akin to a holiday service, where the registration automatically reverts back to the original route timetable at the expiry of the given period.Traffic commissioners must consider each case on its own merits but will be alive to the challenging operating environment. In addition, the commissioners will work with the OTC management to ensure that there is enough capacity to process an increase in applications.To relievethe administrative burden on operators the traffic commissioners agreed to allow for a change in the usual registration process. Until notified otherwise operators seeking to make applications, variations or cancellations to local bus services can do so by emailing the Office of the Traffic Commissioner with more limited information as set out below. The email addresses are:PSV-continuations@otc.gov.uk(England and Wales)enquiries-busregscot@otc.gov.uk(Scotland)
In all cases where short notice dispensation is being requested the operator must provide detail of the grounds that it is being applied under and the justification. All emails mustcontain:•The operator licence number•The fullservice registration number•The route service numberThis is essential to enable OTC staff to correctlyidentify the serviceas quickly as possible. Incomplete informationpresentsa difficulty in processing applications and will delay grant.Local Authority Notice Period -England and ScotlandLocal authorities have worked with the respective Governments on temporary arrangements to enable operators to vary services as a result of the current situation. Local authorities have agreed that operators can submit applications to temporarily varyservices to the traffic commissioner at same time as they send the proposal to the relevant local authorities.A single email can be usedforboth the Local Authority and the Office of the Traffic Commissioner.There will then be a 24 hourperiod for the Local Authority to consider the proposal and decide whether to request a longer period of consultation from the operator. If they wish to consult for a longer period the Local Authority will be required to contact both the operator and the Office of the Traffic Commissioner at the email addresses above within that 24 hours period.If no notice from the Local Authority is received it will be taken as implied consent and the traffic commissioner will consider the application. The traffic commissioners have agreed that due to the exceptional nature of the situation that the application is deemed asaccepted on expiry of the 24 hour periodsubject to the paragraph above and the changes can come into effect. Services to register a new service or permanently cancel or vary a service will be subject to the usual consultation period. Temporary variations –WalesThere is no statutory notice period requiring operators to notify relevant Local Authorities in Wales of bus registration variations, although for cross border services they are required to notify relevant English Local Authorities.The Traffic Commissioner for Wales has agreed that, for services operating wholly within Wales, due to the exceptional nature of the situation, applications for temporary variationswill be considered accepted on the expiry of the same 24 hour period following the application being received by the Office of the Traffic Commissioner at the email address specified above.The changes can come into effect at that point.
Cancelling a servicePermanent cancellations of services can be applied for using email alone. Varying an existing serviceOperators are encouraged to make use of the provision to temporarilyvary a service registration by either not running it for a period of time, changing the frequency of the timetable or altering the route. Amended frequency –the operator should provide an email advising of the proposed date of amendment and the date when the previous registered service is to recommence. A timetable should also be included of the revised service. Amended route –in addition to the email set out above the operator should include a revised timetable and route map.Temporarycessation ofservice –the operator must provide an email advising of the proposed introduction of the change and the date that the previously registered service is to recommence.Temporaryvariations can either be submitted with a defined end date after which they revert to the previously registered timetable or with the following wording:“Variation is to be in place until otherwise notified or until 31 August 2020 whichever is the earliest date”If the variation is not time limited (as set out above) or there areany form of permanent change to the previous registered timetable on recommencement the operator will be required to provide further details at a later date. The Office of the Traffic Commissioner will contact you with the requirements.If an operator uses the Electronic Bus Service Registration system they can notify the traffic commissioner of temporaryvariations using the method set out above.Registering a new serviceIf an operator wishes to register a new service they are encouraged to complete an ‘Application to Register a Bus Service’ PSV350 form and submit it electronically by email along with the registered particulars usually required.Payment Given the exceptional circumstances that operators are experiencing the traffic commissioners have decided to waive the fee for all applications that seek to

From <https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/885325/200514_Advice_Note.pdf>

Everyone in the United Kingdom with symptoms now eligible for coronavirus tests
Everyone in England, Scotland, Wales and Northern Ireland with coronavirus (COVID-19) symptoms can now get a test.
Published 18 May 2020
    From:
        Department of Health and Social Care

    • Anyone experiencing a new, continuous cough; high temperature; and now also a loss of or change in your normal sense of smell or taste can book a test by visiting www.nhs.uk/coronavirus
    • 21,000 contact tracers in England now recruited
The government has today announced that anyone with symptoms of coronavirus is now eligible to book a test, ahead of the rollout of the test and trace service.
The expansion in testing eligibility comes after all 4 UK Chief Medical Officers confirmed that anosmia has been added as a symptom of COVID-19. Anosmia is the loss of or a change in your normal sense of smell, and it can also affect your sense of taste.
This means people should self-isolate immediately if they have:
    • a new, continuous cough
    • a high temperature, or
    • a loss of or change in their normal sense of smell or taste
All members of their household must also self-isolate according to current guidelines, unless the symptomatic individual receives a negative test result.
Testing
The extension in testing eligibility comes ahead of the rollout of the new test and trace service and is possible thanks to increased testing capacity across the country as the government expands total testing capacity towards 200,000 tests a day.
The government has more than doubled the capacity of the NHS/Public Health England (PHE) laboratory network, set up 50 regional test centres and 116 mobile testing units, and introduced home testing kits and 3 Lighthouse laboratories.
The number of tests available for the general population will increase as capacity continues to expand.
Health and Social Care Secretary Matt Hancock said:
    Following the massive ramping up of our national testing programme, anybody with symptoms of coronavirus in the United Kingdom is now eligible for a test.
    This is a huge step forward in our plan to slow the spread of the virus, protect the NHS and give the peace of mind these tests can bring.
    We will continue to give priority to NHS staff and care home residents and workers in order to protect our most vulnerable.
The tracing element of the service in England, due to be launched shortly, will be supported by 21,000 contact tracers who have now been recruited, and will play a vital role working to reach those who have been in close contact with someone who has developed coronavirus.
The new workforce in England of more than 21,000 contract tracers will be overseen by experts from Public Health England and local government.
PHE Deputy Chief Executive Richard Gleave said:
    Test and trace will require a huge team effort bringing together PHE and local government leaders, experts in logistics and thousands of new staff to carry out contact tracing. It’s great to see people from a wide range disciplines coming forward to play their part.
NHS Professionals’ CEO Nicola McQueen said:
    We have seen a fantastic response to join the virtual frontline of home-based clinical contact caseworkers for the test and trace service. This service is key to the national response to COVID-19. We know that so many of our bank members, as well as other registered healthcare professionals, are keen to help in any way they can and this unique position will allow them to do just that.
Background information
Anyone in England, Wales, Scotland and Northern Ireland experiencing a new, continuous cough, high temperature or a loss of or change in your normal sense of smell or taste can book a test by visiting www.nhs.uk/coronavirus.
Those unable to access the internet can call 119 in England and Wales or 0300 303 2713 in Scotland and Northern Ireland to book a test.
A team of PHE public health professionals, linking with the local government sector and other partners, will oversee the contact tracing workforce as well as continuing to manage complex cases.
PHE is working with local government colleagues including the Association of Directors of Public Health, Society of Local Authority Chief Executives and Senior Managers, Local Government Association and UK Chief Environmental Health Officers on this part of the test and trace service.
NHS Professionals, the Department of Health and Social Care and NHS Business Services Authority are key partners in delivery of the model helping with recruitment, logistics and integration of the various elements of the service.

From <https://www.gov.uk/government/news/everyone-in-the-united-kingdom-with-symptoms-now-eligible-for-coronavirus-tests>