As widely trailed, the Prime Minister has confirmed that the remaining legal restrictions requiring social distancing will be lifted from 19 July 2021, despite rising numbers of infections (particularly the Delta variant).
The last remaining categories of business (such as nightclubs and adult entertainment venues) will be permitted to open and venue capacity limits and table service requirements for hospitality businesses will be removed.
The Government's guidance explaining the changes and its expectations of businesses and individuals appears here. It has also updated the "Working Safely During Coronavirus" guidance for businesses here. The overall message is one of caution. Both the Prime Minister's statement and the guidance indicate that legal restrictions may be re-imposed if the NHS comes under significant pressure. The updated "working safely" guidance also creates some tricky issues which businesses will need to weigh up carefully.
Face masks and ventilation
Although face coverings will no longer be legally required, the Government's guidance indicates that they should be worn in crowded areas such as public transport and crowded indoor areas. The "working safely" guidance does not define "crowded"; this is left for businesses to consider as part of their risk assessment.
Businesses will need to assess the risks posed in their premises, the extent to which these risks can be mitigated by other measures and determine whether they will require staff and visitors to wear face coverings (and in what circumstances). This is not a straightforward task, as employers need to consider their health and safety obligations, the potential discrimination risks and how to maintain customer confidence and employee relations.
There is an increased emphasis on identifying poorly-ventilated areas and addressing poor ventilation: the guidance recommends the use of CO2 monitors.
COVID Pass and Test and Trace
Businesses in 'higher risk' categories are encouraged to use the 'COVID Pass' NHS app as a condition of entry to their premises. The app enables individuals to demonstrate that they have received both vaccinations or have a negative lateral flow test within the last 48 hours (or previous positive PCR test within the last 6 months, once the period of self-isolation is over). The guidance is rather vague about which businesses are 'higher risk', although this is likely to include nightclubs and pubs which revert to bar service. Essential services and essential retailers which were permitted to remain open throughout the pandemic should not require the COVID Pass as a condition of entry, however. Again, businesses will need to consider carefully the discrimination implications of implementing this on a voluntary basis, as well as the impact on customer demand and employee relations. The Government has also warned that this may become a legal requirement if infections rise further.
The guidance encourages businesses to continue displaying QR codes for customers wishing to check in using the NHS COVID-19 app, or to continue collecting customer contact details to support NHS Test and Trace, but this will no longer be a legal requirement.
Back to the office?
The "work from home" requirement will be revoked, but the Government expects businesses to implement the return to offices gradually over the course of the summer. The "working safely during coronavirus" guidance has also been updated. Employers will also need to think about measures to protect clinically extremely vulnerable staff - although shielding is not being reinstated at present, CEV individuals are being advised to take extra care while infections are rising.
Businesses will need to ensure that they have up-to-date risk assessments in place and a plan for re—opening premises and implementing the new guidance, as the Government's guidance now effectively shifts the burden of risk assessment to individual businesses. They will also need to consider carefully how they will achieve staff and customer buy-in - effective communication and consultation with staff will be vital, particularly when the messages from the Government are somewhat mixed.
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