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Spring 2022 33 workplace, then the employer may opt to allow those individuals to work from home or, where home working is not an option, the employer can ask the employee to go home. It is important to keep in mind that in such circumstances, where an employee has presented themselves as fit, willing and able to work, and the employer has taken the decision to turn them away, then the employee is entitled to be paid in full for the duration of their absence. If we ask employees to isolate when they’re positive but it isn’t a legal requirement, do we pay them full pay or is sick pay still applicable? As above, where an employee presents themselves as fit, able and willing to work and the employer prevents them from doing so, the employee will be entitled to receive payment in full for the full duration of their absence. Will lateral flow tests will be made available to employers? Free testing for the general public has come to an end. Lateral flow tests will continue to be available at a cost and so, if an organisation wishes for its staff to continue testing regularly, then the onus will be on the employer to cover the cost and provide the testing kits. Do employees still receive SSP from day one if they are absent from work as a result of Covid-19, or does the normal 3 day waiting period apply? Covid provisions for increased statutory sick pay (where SSP payments are made from day one of Covid related absences) came to an end on March 24th. In England, staff will no longer be entitled to SSP for self-isolation, unless they are not well. Now that restrictions are ending, can we insist that employees wear a mask? You may request employees wear masks in the workplace but will not be able to enforce this unless the wearing of masks is reasonably practicable from a Health and Safety perspective, according to the types of work being carried out. Do we still have to have a Covid-19 risk assessment? With occupational exposure to COVID-19 still being reportable to the HSE under the RIDDOR regulations, either as a Dangerous Occurrence or a Disease (depending on whether any worker is diagnosed with the virus or not www.hse.gov.uk/coronavirus/ riddor/index.htm#disease) , we would still recommend that your risk assessment is kept under review as each company still has a duty to reduce the risk of exposing employees to the virus so far as is reasonably practicable. How that risk assessment looks, and the level of control measures you have in place, is entirely down to your operations and level of risk in the workplace. Remember that things such as enhanced cleaning schedules, the placement of hand sanitiser in the workplace and reduced capacities in some areas are all still control measures and therefore should form part of any risk assessment. In line with the Prime Minister’s announcement that from April 1 st the Government will remove the health and safety requirement for every employer to explicitly consider Covid-19 in their risk assessments’, Stallard Kane will be removing Covid- related questions from our audits, e.g. compliance/site audits. However, should you wish to still specifically include them as part of your own safety measures, the Covid section of Health & Safety Policies and Handbooks will remain, but in the ‘additional’ policies section. It is worth checking the Government’s ‘Working Safely During Coronavirus (COVID-19)’ website which has more details for specific types of business and guidance for Wales and Scotland. <<