England Moves to Plan B as a Result Of Omicron

Published: 09/12/2021
Written by Curwens Solicitors

PM Boris Johnson has announced a move to Plan to B of the Covid Winter Plan from Monday 13 December 2021. What does this mean in practice?

  • Face coverings will be required in most indoor public places and on public transport
  • Regular testing and self isolation, if required
  • Get vaccinated
  • Let fresh air in if you meet indoors, meeting outdoors is safer.

Last night the prime minister announced fresh restrictions in order to curb the spread of the Omicron variant, but when do they come into effect?

  • From 10 December, face coverings will be required by law in most indoor settings.
  • From 13 December office workers who can work from home should do so.
  • From 15 December, certain venues and events will be required by law to check that all visitors aged 18 years or over are fully vaccinated, have proof of a negative test result in the last 48 hours, or prove they have an exemption

WFH Mandate returns

People are to work from home where possible, despite hesitation until now to reintroduce this regime but with the reports that Omicron is now significantly more transmissible than the Delta variant, it is seen as a necessary step.

What does this mean for employers?

This news should not come as much of a surprise to the majority of employers as since the news of the fast spreading variant broke, speculation has been rife of a possible swift move to plan B. As this is not the first time that the Government has advised working from home, businesses, where this is possible, should already have the infrastructure to facilitate this at short notice.

Reducing the number of people in the workplace is sensible whilst infections are climbing, especially as little is known about Omicron. If people can only do their jobs from a particular place of work, then flexibility on how and when they attend work will in turn minimise exposure to others.

Employers should perform a situation analysis and determine:

  • Is working from home feasible?
  • Can all staff that need to, work from home?
  • What will the impact on the business be if staff now work from home?
  • Is the infrastructure in place / can it be created to facilitate work from home?
  • Can you be ready to answer questions from your employees about working from home?
  • Have you prepared how you will communicate to staff about the plan / what the expectations are?
  • Have you considered measures like flexible hours and staggered start times to help to avoid overcrowded spaces, both whilst staff may be needing to commute and in the workplace – what increased safety measures will be on site?

Two days to get up to speed

Employers who have policies already in place as part of a disaster recovery / Covid recovery plan should take time to review them and ensure that they remain accurate and up to date in line with the current guidance and also in conjunction with the needs of the business.

Duty of Care – Christmas party reminders

Employers have a duty of care to employees to ensure the safety of staff. Employers are advised to exercise caution when it comes to any in person social events, including long awaited Christmas parties following the lockdown of Christmas last year. Although individuals are free to meet in an individual capacity and outside work socially, consistency in terms of policies during work hours and when it comes to any social events is key.

Booster vaccination

Employers are advised to continue to support staff being able to access/attend appointments for their vaccinations. Support can be in the form of flexibility or paid time off to allow people to attend their appointments during working hours. Understanding should also be given when someone is unwell after the vaccination and if they need to take time off to recover or potentially require adjustments to working practices or the working day itself.

Scotland & Northern Ireland

Employers have been encouraged to allow staff to work from home in order to reduce the spread of infection until at least the middle of January 2022.

To read the up to date guidance which is expected to update as the status of infection rates change click on the link here.

For further advice and guidance on managing the workplace during the pandemic and Covid policies, contact a member of our employment team on 0208 363 4444.

Please note that our briefings are for informational purposes only, and do not constitute legal advice.

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Your data will not be disclosed to any third parties without your consent or as otherwise allowed by the relevant Data Protection legislation and will only be used for responding to your query (or purposes associated with that purpose).

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