Critical workers exempt from the pingdemic

Published on: 23/07/2021

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The Government have released a list of 16 ‘critical’ sectors in which workers who are fully vaccinated will not need to self-isolate if they are contacted by NHS Test and Trace or notified by the NHS app.  

For the general public, including workers who have not been granted the exemption by the Government, getting ‘pinged’ by the NHS app or receiving a notification from NHS Test and Trace means that the individual must self-isolate for 10 days. It is an offence for employers to allow a worker to attend the workplace where the employer is aware the worker has been told to self-isolate by NHS Test and Trace. Fines for this offence start at £1,000.  

It has however come to the fore over recent weeks that this requirement to self-isolate when notified is causing chaos within certain industries, where staff shortages mean there is increasing pressure being placed on supply chains within critical services. Some have dubbed the situation a ’pingdemic’.  

The exemptions the Government announced yesterday, which will run until the 16 August 2021, are to help limit serious disruption to critical services. The exemptions will apply to certain named workers who undertake critical work and who are fully vaccinated i.e. they are 14 days post their final dose.  

The Government will be sending letters out to employers in the approved workplaces, setting out exactly who is exempt and what measures the employer and the exempt workers will need to follow. The Government have stressed that the exemption does not apply to all, and in most cases not even the majority of, workers within a listed critical sector.  

The 16 sectors that have been listed by the Government are as follows: energy, civil nuclear, digital infrastructure, food production and supply, waste, water, veterinary medicines, essential chemicals, essential transport, medicines, medical devices, clinical consumable supplies, emergency services, border control, essential defence outputs and local government. Separate arrangements are in place for frontline health and care staff.  

If employers feel they engage workers in critical roles within a sector not listed above that should also be exempt, they should contact the government department with responsibility for their sector. The Government has said it may agree to further exemptions on a case-by-case basis.  

Employers should note that the exemption does not apply where the worker has tested positive for coronavirus or developed symptoms. In these circumstances, they should continue to self-isolate according to the general rules.  

For more information on these issues watch our latest webinar COVID-19: The next chapter for employers. 

Should you have any questions about the information set out in this article, please do not hesitate to contact the employment team  

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking professional and legal advice. Please refer to the full General Notices on our website.