*UPDATE 12 JULY 2021*

The Government has today confirmed that it will move to step 4 of the COVID-19 Roadmap on Monday 19 July 2021.   However,  the emphasis of today’s announcement has shifted slightly with the public being urged to continue to act carefully and to remain cautious while the number of coronavirus cases is still high and rising.  The Government has said that some key protections will be “kept in place” at step 4 including –

• Cautious guidance for individuals, businesses and the vulnerable including:
  • whilst Government is no longer instructing people to work from home if they can, Government would expect and recommend a gradual return over the summer;
  • the Government expects and recommends that people wear face coverings in crowded areas such as public transport;
  • being outside or letting fresh air in;
  • minimising the number, proximity and duration of social contacts;
  • encouraging and supporting businesses and large events to use the NHS Covid Pass in high risk settings.
• Testing when an individual has symptoms and targeted asymptomatic testing in certain settings including high risk workplaces;
• Isolating when positive or when contacted by NHS Test and Trace;
• Border quarantine for all arriving from red list countries and for those people not fully vaccinated arriving from amber list countries.

In his announcement,  the Prime Minister referred to the publication of guidance for employers on implementing a gradual return to work over the summer and the “Working Safely” guidance is also to be updated.   Employers should monitor closely for this further information which it will be essential to consider when formulating plans for bringing staff back to into the workplace.

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On 5 July 2021, with the intention of giving businesses and members of the public more time to prepare, the Prime Minister outlined his proposals for Step 4 of the government’s COVID-19 Roadmap. Step 4 is scheduled to take effect on 19 July 2021, subject to a data review on 12 July 2021. This Step was originally due to happen on 21 June 2021.  The proposals have been informed by the government’s reviews into social distancing, COVID-status certification and the Events Research Programme*.

Step 4 of the Roadmap

Step 4 of the Roadmap has always been geared towards removing all legal limits on social contact, including at weddings and other life events. It has also been aimed at permitting the reopening of all remaining closed settings, and removing the capacity restrictions on large events.

Now the government has confirmed the following will take effect from 19 July 2021:

• Social distancing: There will no longer be a requirement to socially distance; it will be entirely voluntary;
• Face coverings: There will no longer be a requirement to wear face coverings, including in shops or on public transport; it will be entirely voluntary;
• Return to workplaces: The guidance will no longer be to work at home where this is possible; individual businesses will now be free to determine when employees should return to workplaces;
• Social restrictions: There will no longer be restrictions on the number of people who can meet socially (marking the end of the rule of 6 inside and 30 outside);
• Hospitality check-ins: There will no longer be a requirement for customers to undertake a Test & Trace check-in before entry (although businesses are encouraged to continue displaying their QR code for customers to check-in if they wish) and table service will no longer be required;
• All businesses will be able to reopen: All remaining closed businesses such as nightclubs will be able to reopen and all capacity limits at sporting, entertainment or business events will be lifted;
• NHS Covid Pass: This will be available as a certification tool for businesses to use on a voluntary basis in line with all relevant legal obligations and guidance. This means there will be no legal requirement for businesses to use it as a condition of entry to any venue. However, the government has indicated this position could be revisited with further consultation if it provides a means of keeping events going and businesses open in the future;
• Self-isolation: Businesses must continue not to require a self-isolating individual to come into work. It will remain a legal requirement for people to self-isolate if they test positive or are told to do so by NHS Test & Trace.

School bubbles and self-isolation

Further information is expected today in relation to the government’s plans for education settings but it is expected that school bubbles will cease with effect from 19 July 2021 and, from the autumn term, students will no longer need to automatically self-isolate by virtue of having been a close contact of a fellow student who has tested positive.

The government has also indicated it will publish further information in due course on how and when the rules on self-isolation will change for fully vaccinated individuals. The intention is to exempt from self-isolation anyone who has been in close contact with a positive case, provided they are doubly vaccinated.

Travel restrictions

Further information on the continued protection of the UK’s borders is likely to be released later this week. It is expected that later this summer, fully vaccinated individuals arriving from an amber country will not need to self-isolate.

Health & safety risk assessments

Importantly for employers, notwithstanding all the easing of restrictions above, the government has reiterated that businesses still have a legal duty to manage risks in the workplace by carrying out a health and safety risk assessment. Reasonable steps must be taken to mitigate any risks including:

• Regularly cleaning surfaces which people touch;
• Identifying poorly-ventilated areas and taking steps to improve air flow;
• Ensuring that unwell staff and customers do not attend the premises;
• Communicating to staff and customers the measures which have been put in place.

The government has indicated that it will update its Working Safely guidance again to give further examples of sensible precautions employers can take to reduce risks in their workplaces.

Future restrictions?

In a slight rowing-back of its previous promise that any progress on the easing of restrictions would be irreversible, the government has now stated that it may need to take measures to help manage the virus during periods of higher risk, such as winter. However, as far as possible, it will prioritise strengthened guidance and will seek to avoid imposing restrictions that have significant economic, social and health costs. These would only be imposed as a last resort to prevent unsustainable pressure on the NHS.

These latest announcements, while no doubt welcome to many, do require a level of caution, particularly for employers.  The government’s proposals appear to shift much of the responsibility for health and safety measures from the government to individuals and businesses. While this is perhaps not unexpected, given the government’s message that it is time to now learn to live with the virus, for employers important decisions will now need to be made on the way forward from here. Comprehensive risk assessments and well-considered communications to staff are likely to be key to ensure health and safety concerns are properly assessed and managed.

Useful links

Coronavirus: How to stay safe and help prevent the spread

COVID-19 response – Summer 2021

Working safely during Coronavirus

COVID-19 Response – Spring 2021 (Roadmap)

Terms of reference: Social distancing review

Social distancing review report

Terms of reference: COVID-Status certification review

COVID-Status certification review: Call for evidence

COVID-Status certification review report

Terms of reference: Events Research Programme

Events Research Programme: Phase 1 findings

 

*The Event Research Programme took the form or a series of pilots using enhanced testing approaches and other measures to run events with large crowd sizes and reduced social distancing to evaluate the outcomes.