COVID-19 Risk Management Updates

Based on information available as of 02/04/2020

Coronavirus (COVID-19)

The purpose of this advice is to provide information and guidance with regard to the questions raised from an employment law perspective. It looks to answer questions commonly asked and also deal with common scenarios.

Please note that as the political and legislative landscape is constantly changing with regard to Coronavirus, we anticipate that further changes will be implemented, and this advice is in no way a definite and final opinion on all employment matters related to Coronavirus and is no substitute for individual tailored advice.

Further, please note, this in no way seeks to provide any health and safety guidance or advice. Specifically, if you have any queries with regard to health and safety and how it impacts on your obligation towards Coronavirus, then you will need to seek specialist advice from your health and safety consultant.

The previous advice in respect of country specific travel has now been withdrawn and replaced with the generic stay at home guidance which can be found at: https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance

Further guidance can be found from:

The Welsh Government: Coronavirus (COVID-19): employers and businesses guidance –
https://gov.wales/guidance-employers-and-businesses-covid-19

(Or in England)
Public Health England and BEIS: COVID-19: guidance for employees, employers and businesses (applicable in England) – https://www.gov.uk/government/publications/guidance-to-employers-andbusinesses-about-covid-19#history

If you did not receive this guide direct from us and wish to automatically receive further updates, please send an email to roger.davies@thomas-carroll.co.uk and place in the email subject the words: Guide (Covid-19) – exactly as it is written in brackets. This will automatically send you the current guide and future updates.

Based on information available as of 30/09/2021

The Coronavirus Job Retention Scheme is due to end on 30th September 2021. This means that the cost of furloughing staff will no longer be met by the government.

For most businesses, things have returned to a relative normality and all their staff are back at work. However, for others, this is not the case.

There are a range of options open to businesses who cannot continue to maintain the same staffing levels as they did pre-COVID and for whom the end of the scheme is going to cause difficulties. These include making redundancies and/or discussing amended terms and conditions with your staff. The viability and legality of these options are going to depend on individual circumstances and full processes will need to be followed at all times.

Should your business be struggling as a result of the scheme ending, your employment law adviser will be able to discuss your options with you. Please contact us today on 02920 853788 or email tcms@thomas-carroll.co.uk.

Based on information available as of 07/04/2020

Welsh Government Guidance Social Distancing in the Workplace 7th April 2020

This section only applies to employees based in Wales. Full guidance is contained at:
https://gov.wales/taking-all-reasonable-measures-maintain-physical-distancing-workplace

Perhaps the most telling part of the guidance is the statement, ‘The Welsh Government wishes to make clear that while the requirement to take all reasonable measures to maintain a distance is an objective test that is intended to be applied consistently, it is neither an absolute rule that has to be applied all of the time in all circumstances, nor is it a test that will apply in the same way in all circumstances’.

The duty to comply with the guidance falls on the person responsible for the work being undertaken in the workplace.

The Welsh Government acknowledges that many employers have already done what they can and there are also working environments where physical distancing is not possible – and in consequence there may be circumstances where few or even no reasonable measures can be taken.

The obligation on the employer is to show that they have taken reasonable steps to ensure social distancing of 2 metres in the workplace. The test of whether a measure is reasonable it an objective one. It will be for a business to justify the reasonable measures that they have adopted and to demonstrate how they have considered that these are proportionate and minimise the risks faced by workers who have to continue to attend work in their workplace.

One consideration of whether an employer has acted reasonably will be cost. The question is whether the cost of the measure is proportionate to the number of people whose risk is reduced by the measure? For example, it would not be proportionate to extend a premises or to require additional fleet vehicles, but splitting shifts could be done at minimal cost.

The guide expressly states that the nature and capacity of those in a workplace will need to be considered. Where a service or business is responsible for looking after or working with children or vulnerable adults, it would not be reasonable to institute rigid physical distancing. In addition, safeguarding of children and vulnerable adults must not be compromised.

The guidance outlines the following example of possible reasonable measures to take:

• Reducing the number of people working on the premises at any one time – increasing the space between people by reducing the total number of people in attendance.
• Increasing space between staff – for example on a production line leaving 2m gaps between people and indicating spacing with markings.
• Consider appropriate provision of rest space – is there a congregation of workers at a certain time? Could additional space be provided, or breaks staggered?
• Altering tasks undertaken – making adjustments to the way that work is done, to reduce contact.
• Stagger shifts to minimise people on site and to reduce congestion at the point of shift changes.
• Carrying a passenger in the back seat rather than the front seat of a taxi would be a reasonable measure.

The guidance further gives examples of situations where it would not be appropriate to implement the 2 metre rule:

• Provision of personal services, including in the home.
• Tasks that require two or more people to undertake them safely, including heavy lifting or carrying dangerous chemicals, although there may be measures that can be adopted elsewhere in the workplace.
• Education and childcare settings – especially where young children cannot understand the concept of physical distancing and where the appropriate support from adult workers may require closer contact.
• Exceptions where close contact is required between workers and the users of services, although again there can be measures in the wider workplace which would minimise the risk of transmission.
• Where workers are required to travel together.
• Where dual working is to ensure safety.
• Working in confined spaces, for example repairing infrastructure for utilities.

However, it goes on to state that ‘it is unlikely that no reasonable measures could be adopted at all in these circumstances’.

Both the police and local authorities have powers to enforce the restrictions on businesses, services and workplaces imposed by the regulations.

Based on information available as of 06/04/2020

Q: In what circumstances is SSP payable?

A: Statutory sick pay (SSP) will be payable to an employee who is ill (incapacity) after 3 waiting days, subject to the employee meeting criteria, such as earning at least £120 per week (£120 per week from 6th April 2020). SSP is £95.85 per week.

The recent Statutory Instrument and subsequent amendments introduced a new regulation with effect from 13th March 2020 which confirm that self-isolation due to COVID-19 is considered ‘incapacity’. Therefore, an employee who is in quarantine or self-isolation will be regarded as being incapable of working for SSP purposes.

It is our interpretation that the Coronavirus Amendment No. 2 Regulations extends SSP entitlement to those individuals who are unable to go to work or carry out their role from home during the 7-day or 14-day isolation period.

Government guidance first published on 16th March 2020 “strongly advises” employees to work from home if they are vulnerable, which is classed as aged over 70, pregnant, or have a specified underlying health condition, including chronic respiratory diseases, chronic heart, kidney or liver disease, diabetes and those with a weakened immune system (see the government guidance for a full list). It also strongly advises them to avoid social mixing in the community and limit use of public transport. It is our interpretation that the intention of the Coronavirus Amendment No. 2 Regulations is to extend SSP entitlement to those individuals who are vulnerable and unable to undertake their role from home.

Further temporary changes have now also been brought into legislation which commenced on 13th March 2020:

1. Temporarily making statutory sick pay payable from the first day of sickness absence with subsequent guidance from the government indicating that the day one right is only where the absence is Coronavirus related;

2. Small employers (with fewer than 250 employees) will be reimbursed for any SSP paid to employees in respect of the first 14 days of sickness related to COVID-19; and

3. By law, medical evidence is not required for the first 7 days of sickness. After 7 days, employers may use their discretion around the need for medical evidence if an employee is staying at home.

4. Government guidance strongly suggests that employers use their discretion around the need for medical evidence for a period of absence where an employee is advised to stay at home either as they are unwell themselves, or live with someone who is, in accordance with the public health advice issued by the government.

5. If evidence is required to cover self-isolation or household isolation beyond the first 7 days of absence, then employees can get an isolation note from NHS 111 online or from the NHS website.

Dealing with employees and the payment of SSP (see vulnerable worker advice below too)

Q: Can I send an employee home from work to self-isolate? If so, what pay is the employee entitled to?

A: Where you have reasonable and genuine concern, you can seek to send the employee home and request that they stay away from work. An employee’s right to pay where their employer sends them home from work will depend upon the precise circumstances of that decision, and if the employee is showing any symptoms of COVID-19. This is discussed below in various scenarios.

Scenario 1: Employer suspends for reason not falling within government self-isolation advice, i.e. they have no symptoms nor do they live with someone who displays symptoms.

Where an employee is suspended by their employer on health and safety grounds, because of a possible risk of infection which does not fall within the government’s self-isolation advice for COVID-19, the employee will have the right to continue to receive their full pay.

Scenario 2: Employer suspends for reason falling within government self-isolation advice.

Where an employer is considering suspension because an employee falls within the circumstances in which public health advice is to self-isolate then the position in terms of pay may be different. In those circumstances, an employer may direct the employee to return home and seek medical advice. If the employee falls within the category of people who have been advised in government guidance to self-isolate, then they will fall within the new deemed incapacity rules for SSP. In those circumstances, it is likely that the employer could treat them as being on sick leave and pay them SSP (subject to any contractual sick pay policy). However, see the vulnerable worker advice in respect of, for example pregnant employees).

However, before doing this and prior need to be clear as to what the grounds of a belief that the employee falls within the public health advice.

Q: Where an employee refuses to attend work due to fears about Coronavirus, what action can I take as their employer and what pay is the employee entitled to?

A: If the employee can work from home then this may well resolve the issue. If not, the employer would need to consider the current public health advice, the specific reason that the employee is concerned about attending work and whether it would be discriminatory to refuse home working, take disciplinary action, or withhold pay in light of the employee’s refusal.

If an employee refuses to attend work for no medical reason and cannot work from home then they will not be entitled to SSP nor wages and could be disciplined. However in these uncertain times, employers will be expected to adopt a sensitive and supportive approach.

If an employee will be deemed to have been automatically unfairly dismissed if he is dismissed because in circumstances of danger which he reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger, there is no qualifying period for this and therefore the usual ‘two year rule’ does not apply. We think there is a good chance that this may cover people who decide not to attend work as they have a genuine concern that they are at risk of catching or passing on Coronavirus.

Q: Where an employee self-isolates following either a direction by a medical professional or government guidance, what pay are they entitled to?

A: It is assumed for the purposes of this analysis that the employee is not exhibiting symptoms and has not been diagnosed with the disease in question, and that they cannot work from home during their self-isolation.

Where an individual self-isolates in response to either direction by a medical professional or government guidance, they will be deemed incapable under the new deemed incapacity rules for SSP and will therefore be entitled to SSP (or any contractual sick pay which may apply in this scenario).

Q: What pay is an employee entitled to where they have mild respiratory symptoms but no diagnosis of COVID-19?

A: An employee in these circumstances may be treated as being on sick leave and be paid SSP (or contractual sick pay if applicable). Current government guidance is to self-isolate for 14 days where an employee has a persistent new cough or raised temperature.

Q: Where an employee is ordered to self-isolate or quarantined under the Health Protection (Coronavirus) Regulations 2020, what pay are they entitled to?

A: It should be noted that the law on compulsory detention or isolation during a pandemic differs between the constituent parts of the United Kingdom. However from a Welsh/English stance it is likely that an employee who is forced to abstain from work because of compulsory detention or other restrictions made under an enactment such as the Coronavirus Regulations would be entitled to SSP.

Q: Where an employee refuses to attend work because they have a disability which they believe puts them at high risk of serious illness if they catch COVID-19, can an employer dismiss them, or if not, what pay are they entitled to?

A: People who suffer from certain health conditions are at higher risk of serious illness or death if they contract COVID-19. A requirement imposed by an employer to continue travelling to and attending work, or to not pay or to dismiss them due to their absence in this scenario, could amount to discrimination. In addition, new government advice has been issued with regards to vulnerable workers and they are likely to qualify for SSP if they cannot homework. See the vulnerable worker section below.

If you have a situation such as this, please contact your employment law adviser for specific advice.

Q: An employee has been off with COVID-19 symptoms, it is now the 8th day but I have not received any GP sick note?

A: Under normal rules, an employee can self-certify for the first 7 days of sickness. After 7 days, it is for the employer to determine what evidence they require from the employee. This is typically a GP certificate (aka fit note/Med 3 form issued by a GP or other doctor).

Public Health Wales guidance states that employers use their discretion around the need for medical evidence for a period of absence where an employee is advised to self-isolate due to suspected COVID-19, in accordance with the public health advice being issued by the UK government.

Employees can now be directed to NHS 111 online to obtain a fit note evidencing their sickness or advice to self-isolate.

Q: An employee has called in to say that their relative is ill with a Coronavirus symptom and they need to care for them. Is the employee allowed time off and what are they paid?

A: Here the employee would be entitled to take time off. This is considered Dependent’s Leave. Dependent’s Leave is unpaid leave, so no normal pay (or SSP) would be payable unless specified in their contract.

However, if the relative lives with them, then they would need to self-isolate themselves and would qualify for SSP.

Based on information available as of 02/04/2020

Q: Who are considered as ‘vulnerable’?

A: ACAS has identified vulnerable persons as being, but not limited to, those who:

• Have a long-term health condition, for example asthma, diabetes or heart disease, or a weakened immune system as the result of medicines such as steroid tablets or chemotherapy;
• Are pregnant;
• Are aged 70 or over; or
• Care for someone with a health condition that might put them at a greater risk.

Q: Have any details been given on which long-term health condition?

A: Public Health England have identified those individuals who have:-

• Chronic (long-term) respiratory diseases, such as asthma, chronic obstructive pulmonary disease (COPD), emphysema or bronchitis;
• Chronic heart disease, such as heart failure;
• Chronic kidney disease;
• Chronic liver disease, such as hepatitis;
• Chronic neurological conditions, such as Parkinson’s disease, motor neurone disease, multiple sclerosis (MS), a learning disability or cerebral palsy;
• Diabetes;
• Problems with your spleen – for example, sickle cell disease or if you have had your spleen removed;
• A weakened immune system as the result of conditions such as HIV and AIDS, or medicines such as steroid tablets or chemotherapy; or
• Being seriously overweight (a body mass index (BMI) of 40 or above)
• Anyone instructed to get a flu jab as an adult each year on medical grounds.

Relevant employees have been contacted and advised to completely self-isolate for 12 weeks.

Q: I have a pregnant employee, what do I need to do?

A: Based on current medical evidence, it is currently unclear whether Coronavirus poses a greater risk for pregnant individuals (or their unborn child) as compared to the general population.

However, due to the lack of evidence, the view has been taken to deal with the matter as precautionary and assume that pregnant employees may be particularly vulnerable. In addition, the advice around this has changed over the course of the last few weeks.

Employers have additional duties to protect the health and safety of new and expectant mothers in the workplace. In summary, the law requires employers:

• To assess the workplace risks posed to new or expectant mothers or their babies.
• To alter the employee’s working conditions or hours of work to avoid any significant risk (regulation 16(2), Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) (MHSW Regulations)).
• Where it is not reasonable to alter working conditions or hours, or would not avoid the risk, to offer suitable alternative work on terms that are not ‘substantially less favourable’ (regulation 16(3), MHSW Regulations and section 67, Employment Rights Act 1996 (ERA 1996)).
• Where suitable alternative work is not available, or the employee reasonably refuses it, to suspend the employee on full pay (regulation 16(3), MHSW Regulations and section 67, ERA 1996).

As pregnant women have been ‘strongly advised’ to socially isolate, avoid travel on public transport and work from home where possible, where the nature of the employee’s role means that they cannot work from home and there is no suitable alternative work available that they could do from home, the employer should consider suspending the employee on full pay in accordance with regulation 16(3) of the MHSW Regulations.

See below for vulnerable worker SSP entitlements.

Finally, and as a preventative measure, it is advisable to ensure that Public Health Wales good practice guidance is followed by other employees, by providing the relevant information and products (hand wash/sanitizer) about good hygiene and how to avoid spreading infection (such as social distancing).

Public information posters can be obtained at:-
https://phw.nhs.wales/topics/latest-information-on-novel-coronavirus-covid-19/coronavirus-resources/

Q: I have an employee which is over 70 years old and/or has a long-term health condition, what do I need to do?

A: Government guidance states that Coronavirus can cause more severe symptoms in older people and/or those with long-term conditions like diabetes, cancer and chronic lung disease. Due to the additional risk, employers have a duty to protect the health and safety of their employees, which includes taking additional care with employees who are known to be vulnerable.

It is advisable that you meet with any employees who may fall into the ‘vulnerable’ category to discuss the potential risk (an assessment could be conducted) and discuss how any potential risk to Coronavirus can be managed. Subject to their particular health condition, guidance concerning Coronavirus may be obtained from specialist websites as Asthma UK or Kidney Care UK. Further, in some circumstances it may be appropriate to obtain medical advice as well.

It is important to discuss matters with the individual, rather than make any assumptions as this potentially could lead to a claim of age or disability discrimination.

At present, there is no specific advice for employers as how employees classed as vulnerable should be treated. However, our advice is that you should seek to accommodate the wishes of vulnerable people who are concerned about attending work due to the risk of Coronavirus. These wishes may include introducing arrangements such as homeworking.
Also, if you do have vulnerable employees, it is advisable to ensure that Public Health Wales good practice guidance is followed by other employees, by providing the information and products (hand wash/sanitizer) about good hygiene and how to avoid spreading infection (such as social distancing). Public information posters can be obtained at:-
https://phw.nhs.wales/topics/latest-information-on-novel-coronavirus-covid-19/coronavirus-resources/

Relevant vulnerable employees have been contacted via public health, to advise them to completely self-isolate for 12 weeks.

See below for vulnerable worker SSP entitlements.

Q: We have an employee who is refusing to attend work because they live with a vulnerable person and fear getting infected? What should we do and do we have to pay them?

A: Current government guidance is that employees should work from home where possible. As their concern is linked to a vulnerable person, it may be reasonable for an employer to allow this while refusing similar requests from other employees who do not have a direct link with a vulnerable person.

However, if homeworking is not possible, and the employee refuses to come to work due to genuine concerns that they have, as an employer, you are expected to try and resolve these concerns. An option could be explored such as altering working hours so it is not necessary to travel on public transport during rush hour.

If the employee’s concern cannot be remedied, and they do not wish to attend work, then there is the option for the employee to take time off as holiday (where they would be paid) or for a period of unpaid leave to be taken instead.

Q: If a vulnerable person cannot work from home and chooses to follow the government advice and self-isolate (even if they have no symptoms) are they entitled to SSP?

A: Government guidance first published on 16th March 2020 ‘strongly advises’ employees to work from home if they are vulnerable, which is classed as aged over 70, pregnant, or have a specified underlying health condition, including chronic respiratory diseases, chronic heart, kidney or liver disease, diabetes and those with a weakened immune system (see the Government guidance for a full list).

It also strongly advises them to avoid social mixing in the community and limit use of public transport. It is our interpretation that the intention of the Coronavirus Amendment No. 2 Regulations is to extend SSP entitlement to those individuals who are vulnerable and unable to undertake their role from home.

Relevant vulnerable individuals have been contacted by public health and advised to completely self-isolate for 12 weeks.

Recent government guidance released on Thursday 26th March 2020 has stated that those vulnerable individuals who are shielding in line with public health guidance can be placed on furlough leave (please see above).

Based on information available as of 02/04/2020

Q: What is the exact guidance from the government regarding homeworking?

A: On Monday 16th March 2020, the government recommended that people should work from home where they can. This is not a decree to force employees to work from home, just a recommendation that if possible, then employees should work from home.

The further announcement on Monday 23rd March 2020 reinforced this. The Prime Minister advised that ‘travelling to and from work [is permitted], but only where it is absolutely necessary and cannot be done from home’.

Following this, there was contradictory reference to necessary work i.e. key workers.

Clarification has now been given that all employees may travel to work as long as they fully observe the 2 metre distancing rule.

ACAS have produced a guide on working from home which can be found at:
https://www.acas.org.uk/working-from-home

Q: Are we entitled to require an employee to work from home?

A: If there is already an established advice to work from home where appropriate or where instructed to do so (or in the case of a business continuity issue such as a pandemic), then there is unlikely to be an issue in applying that obligation in an effort to contain the spread of COVID-19.

If not, imposing homeworking would arguably constitute a variation of the contract requiring employee consent. However, where an employee is faced with either being on SSP or nil pay as an alternative, they may well be willing to consent to working from home as a way of preserving pay.

Where home working is being newly introduced, or expanded, the employer should ensure that the health and safety implications have been considered and that the necessary infrastructure is in place. Given current circumstances, this may prove difficult. From a practical perspective, employers should ensure that employees are asked to confirm that they have a safe working environment at home.

Q: We have employees who cannot work from home. What can we do?

A: As stated above, the recommendation is that employees should work from home if possible. Certain job roles cannot be relocated to home working, such as production lines workers.

Consideration can be given to alternative work, if available, if this then allows the employee to work from home. However, if not possible, then the employee can remain at work.

If the employee does not wish to remain at work, alternative arrangements can be considered such as using holiday, taking unpaid leave or furloughing the employee under the Coronavirus Job Retention Scheme.

Q: Can we refuse to allow an employee to work from home if they will also be looking after children who have been sent home from school or nursery?

A: In normal circumstances, it would not be appropriate for an employee to work from home while also providing childcare. If all schools and nurseries close, the majority of parents in the workplace will face this issue and putting a blanket ban on working from home while also looking after children may preclude a large proportion of the workforce from performing any duties. Therefore, as the COVID-19 outbreak escalates, employers may need to take a pragmatic approach.

Employees with younger children who require constant attention may not be able to work at all while responsible for looking after those children. However, they may be able to split the childcare with the other parent, so that both parents are able to, at least, continue working part-time.

Employees in these circumstances may assert their right to time off to care for a dependant, referred to as Dependent’s Leave. Time off in these circumstances is unpaid, unless there is a contractual right to pay. Given that school closures could last a relatively long time, it is likely that many employees who consider that they can undertake some work while providing childcare would prefer to do so (rather than assert their statutory right to time off) if the employer is willing to allow them to work flexibly.

See below for further advice in respect of school closures.

Based on information available as of 02/04/2020

Q: Due to the economic impact of COVID-19 on my business, I need to make cost savings however I do not know what my options are?

A: There are predominantly three options whereby employees can make cost savings with regard to employees. The three options are discussed below.

The options are:-

Option one

With regard to employees who have less than two years’ service, you can look to terminate their employment by serving them with one week’s notice or more if their contract dictates.

The only potential risk here is that if any employees try and argue that their dismissal is discriminatory as it is associated with a protected characteristic that they have (race, sex, colour, disability, sexual orientation, religion, pregnancy, etc) or linked to assertion of a statutory right or whistleblowing.

Option two

The second option is that if there is a signed contract in place or a contractual employee handbook, and that contract contains a Lay off and short time working clause with reference to statutory guarantee payments, then you could look to implement this. Please note that not all contracts have this clause, and it is uncommon to find them in salaried employees’ contracts. The specific would typically read: –

The Company reserves the right to place you on short-time working or to lay you off where it has a reduction or loss of work. In such circumstances statutory payments only will be made to you.

Here you can write to the employees to state that you are exercising your contractual right to place them on either a lay off (no work at all) or short time working (a reduction in their contractual hours). For the first five non-working days, the employee will be entitled to a statutory payment of £29 (£30 after 6th April 2020). Once the five days are exhausted, they are not entitled to any further payment until a three month period has passed. The benefit here is that employees remain employed, rather than being dismissed.

Please be aware that if an employee is placed on short time working or laid off (and that hours are less than 50% of what they should be) then after a period of four continuous weeks or six weeks within any 13 weeks they can apply to make themselves redundant, where they would receive a redundancy payment from you. This can be rejected, but you would need to offer them there usual hours back. There are complicated notice and timescale rules around this. You are therefore strongly advised to take advice.

Option three

The government has introduced the Coronavirus Job Retention Scheme.

Further advice on this is contained earlier on this page. Under this Scheme employers can furlough their employees and receive up to 80% of their wages (to a cap of £2,500 pcm).

Option four

The fourth option is the more severe option. Here you would look to undertake compulsory redundancies.

To begin with, you would need to identify which areas you wish to reduce the workforce, and also by how many individuals. You’re then obliged to undertake a process whereby you consult with the employees over the proposal to reduce the number of employees/or delete their job role in its entirety.

If this option is to be explored, we would recommend that you speak to your employment law adviser for specific advice.

Government Support

The self-employed and those working in the gig economy are not eligible for SSP and so the government has made it quicker and easier to access benefits. In addition, the government has brought in financial assistance for the self-employed which is outside of the scope of this guide.

Additional financial support is being made available under a new temporary Coronavirus Business Interruption Loan Scheme with banks offering loans of up to £1.2m to support SMEs.

A special HMRC helpline has also been set up to assist businesses and self-employed individuals in financial difficulties with and outstanding tax liabilities. Those concerned about their ability to pay tax due to the coronavirus can contact HMRC’s helpline on 0800 0159 559.

Based on information available as of 15/03/2021

As of Monday 15th March 2021, all primary school children in Wales have returned to learning onsite. Learners in qualifications years and more learners in colleges and training have also returned to onsite learning.

In addition, there will be flexibility for some learners in years 10 and 12 to return (subject to COVID-19 evidence continuing to move in the right direction) and the opportunity for of a check-in for learners in years 7, 8 and 9, focused on support for wellbeing and readiness for a return to their onsite learning after Easter.

Children of critical workers and vulnerable learners will continue to receive face to face learning on the school site, and Special Schools and PRUs will continue to remain open where possible.

It is the Welsh Government’s intention to have all learners back learning onsite after Easter.

In England, school and college learners returned to onsite learning on Monday 8th March 2021.

For those who are struggling, employees looking to take time away from the business on an unpaid basis or wanting to reduce their hours could save vital money. However, for those businesses who are busier than ever following the outbreak, employees may be requesting time off at the most awkward time possible.

Given the guidance on vulnerable groups of people, it is unlikely to be reasonable for many people to utilise grandparents for childcare and therefore you may get more requests for time off for childcare reasons than previously.

Q: Do staff have the right to take time off to deal with childcare issues?

A: The simple answer is yes.

There are two options open to employees who cannot attend work due to childcare issues. One which deals with immediate emergency issues (as the school closures could be classed as in the next few days) and another which is designed for non-emergencies over a longer period of time (which the current situation may develop into).

Time Off for Dependants:

The most commonly used form of time off for parents with childcare issues is Time off for Dependants. This is where staff are entitled to a reasonable amount of unpaid leave to deal with emergencies only. There are no time limits for how long can be taken, but it is generally accepted that it is for them to deal with the emergency only and is not usually used for an extended period of time.

Typically, this is used where employees have to sort out arrangements for childcare should their child be ill or the school close down for a couple of days due to bad weather, etc.

In relation to Coronavirus, it is unlikely that this will cover an extended period of time of school closures but given a likely economic turn down, you may be happy to grant an extended period of leave to any employees who need it.

In addition, given the unprecedented position that the country finds itself in, there is the possibility that the courts will widen the definition of emergency. For certain, employers will be expected to act reasonably, given the circumstances.

Parental Leave:

Parental Leave is also unpaid, but is designed for longer period of time. Employees are entitled to 18 weeks’ leave for each child they have, including adopted children. They can take these 18 weeks at any stage (subject to some limits) between their child being born and reaching the age of 18.

Employees can take up to 4 weeks per year, per child, unless their employer agrees that they can take more.

Parental Leave must be taken in whole weeks unless you agree that they can take individual days or unless the child is disabled.

Employees usually have to give 21 days notice for this, however this can be waived by the employer.

Q: I need my staff to continue to work – are there any other options?

A: Reduce and/or Vary Hours and/or Days:

You could look to agree to vary their hours of work so that they can fit in around the job of a partner or someone else who can provide child care to their children. This could be shortening their working days so they finish earlier or start later, working less days per week, condensing their hours or perhaps a change of shift to evenings/nights.

Working from Home:

In line with government guidance, we recommend that all staff who are able to work from home are given the opportunity to do so.

Employers may take the view that reduced productivity from staff working at home compared with no productivity is the lesser of two evils.

Take Annual leave:

Those employees who have annual leave to take can do so. This would be subject to your usual rules, however. You can also compel employees to take annual leave by giving twice the notice of the intended holiday length (subject to their contract or agreement with them saying differently).

Based on information available as of 08/02/2021

With lockdown measures still in place across most parts of the UK, questions have arisen regarding employers’ responsibilities when it comes to their employees.
From school closures to vaccinations, we have compiled our top 5 commonly asked HR questions:

Can I make my employees have the COVID-19 vaccine?

Although it is imperative to ensure the health, safety and wellbeing of your employees, you are unable to force them to have their COVID-19 vaccine.

Can an employer require employees to be tested for Coronavirus (COVID-19)?

All employees with symptoms of COVID-19 have access to free testing supplied by the NHS. Many employers may consider testing their employees, including those who show no symptoms, to prevent transmission in their workplace. Employers who are considering testing their employees for COVID-19 should comply with GDPR obligations when processing employee data. Further detailed information on how to do this is set out in the guidance for employers by the ICO https://ico.org.uk/for-organisations/.

An employee who refuses to take a test cannot be forced to do so. For information on workplace testing, please visit: https://www.gov.uk/government/publications/coronavirus-covid-19-testing-guidance-for-employers/coronavirus-covid-19-testing-guidance-for-employers-and-third-party-healthcare-providers/

How should employers respond if employees are affected by school closures?

Due to the nature of the current situation, many parents will find it challenging making alternative childcare arrangements for their children. Employers should support an employee in this situation by offering them the flexibility to work from home where possible. If it is not possible for the employee to work from home, the employer could look at the possibility of putting them on furlough. The employee can also take emergency time off for family and dependents, unpaid parental leave or utilise their existing annual leave.

What obligations does an employer have to an employee who lives with someone who is at very high risk?

People who live with someone clinically/extremely vulnerable are advised to follow strict social distancing guidelines. Although they may live with someone who is high risk, they are not required to take the shielding measures themselves.

Employers should discuss options with their employees who live with someone clinically/extremely vulnerable. The employee may be able to work from home or be put on furlough. If the high-risk individual is a child, the employee could take unpaid parental leave.

Flexible working: Can we go back on arrangements in future?

Once a formal flexible working agreement has been reached, you cannot go back on it easily. If you wanted to change their normal working hours you would have to consult with them on changing their contracts of employment.

If they are looking to just vary the hours for a short period of time, for instance for the duration of COVID-19, they could do this on a temporary basis but would need to make this clear in writing.

Based on information available as of 13/08/2021

Data Protection Implications of Retaining Vaccination Data in Relation to Employees and Workers

The Information Commissioner’s Office (ICO) website has a vaccination section that provides useful guidance for employers (ICO: Vaccinations).

Can Employers Ask Employees and Workers if They Have Been Vaccinated and Keep a Record of Which Staff Have Been Vaccinated?

Employers may want proof of vaccination:

• To track staff vaccination levels within their workforce and assess the risk of transmission within the workplace.
• To ascertain individuals’ eligibility under any vaccination incentive schemes.

Employees’ health information falls into the category of special category personal data. As with the processing of all special category data, employers must identify both a lawful basis under Article 6(1), and a condition for processing under Article 9, of the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR). If they cannot do so, any processing is in breach of the UK GDPR.

ICO Guidance

The ICO advises that:

• An employer can rely on either the ’employment’ or the ‘health’ condition under Article 9 of the UK GDPR as a condition for processing. However, where relying on the public health condition, it must ensure that a health professional carries out the processing, or that it advises employees that it will treat their vaccination status as confidential and only disclose it in defined circumstances.
• An employer’s reasons for recording their employees’ vaccination status must be clear and compelling. Employers should not record the data on a “just in case” basis. Relevant factors include the sector the employer operates in, the type of work undertaken by staff, and the particular health and safety risks in its workplace.

Do Employees Have the Right to Be Notified if a Colleague Refuses to Be Vaccinated?

Information about an employee’s health is special category personal data. This means that the employer can only process it in defined and restricted circumstances.

The ICO has advised that employers can disclose to employees that a colleague has contracted COVID-19, although they should not provide more information than necessary and should not in most cases name the individual.

The ICO states that an employer should respect its duty of confidentiality to its employees and should not routinely disclose vaccination status among colleagues unless it has a legitimate and compelling reason to do so. It may therefore be appropriate for an employer to advise its employees that not all of their colleagues are vaccinated, but it would be inappropriate to identify those employees in most circumstances.

Based on information available as of 18/06/2021

Health Secretary, Matt Hancock recently said that COVID-19 vaccinations are to become compulsory for staff at care homes in England. This is in response to there being a low uptake of the COVID-19 vaccine by carers in areas such as London.

Legislation has yet to be passed in England, but the proposals are that workers will have 16 weeks to get both jabs from the time regulations are approved by Parliament. Workers who can prove they are medically exempt from getting the vaccine will not be affected.

It should be noted that the devolved government in Wales, Scotland and Northern Ireland have all said that they have no intentions to implement compulsory vaccines for care staff.

Based on information available as of 02/08/2021

Many COVID-19 restrictions will come to an end in Wales on 7th August, such as the law around social distancing. This could cause potential issues for employers that require employees to return to the workplace when they have worked from home for the past 16 months or more.

Firstly, employees may be reluctant to return to the workplaces that they attended pre-lockdown. This poses a number of issues for employers and where an employee is either reluctant or refuses to return to the workplace, employers must establish the employee’s reasoning in the first instance.

Click here to read more on our blog

Based on information available as of 11/01/2021

What do I do if I am struggling to pay for my insurance?

We are aware that some clients may be experiencing financial difficulties that make it challenging to maintain payments towards insurance premiums. Please contact us immediately if you are having difficulties or have any concerns regarding payment of premiums and we can look at the options that may be available to you.

In these circumstances, where amendments to cover are not appropriate or do not alleviate your payment difficulties, a temporary payment deferral may be offered.

In line with guidance from the Financial Conduct Authority (FCA) and subject to review, you may be offered the option of deferring payments for a maximum of 3 months when:

• You have communicated that you are experiencing financial difficulties impacting your ability to maintain payments, or
• You have received communication after missing a scheduled payment during COVID-19

If you are offered a temporary payment deferral, we will maintain contact with you to assess your ongoing financial situation and do what we can to help you at this time.

Based on information available as of 11/01/2021

What happens if I cancel my insurance?

Please talk to us first.

We appreciate that at the moment, many businesses are looking to reduce costs, but this could be a false economy. For example, if your insurers have paid a claim under your policy, you are unlikely to receive any refund at all, so you could end up paying a whole years premium for a few months cover. You may also find yourself without compulsory insurances, in breach of mortgage covenants or contractual requirements.

Even though the business might not be trading, there is still the possibility of loss. There may still be visitors (invited or not) to your premises or contract sites who could be injured. “Vacant” buildings are more susceptible to other losses, such as burst pipes, arson or malicious damage and such an event is likely to add further financial burden to your business. If cover is cancelled, most businesses would struggle to survive such damage.

You should also remember that cancelling your Employers Liability will leave a “gap” in compulsory cover. Even if you are furloughing employees, they are still employed and your liabilities remain. If you are retaining any employees, this cover remains compulsory.

Businesses that supply products could still have latent Products Liability with claims arising in the future. Goods already supplied may not have been “consumed” yet and this could happen at any time. If you cancel cover and your products cause damage, injury or illness to a third party during this break in insurance, you will not have any protection.

For professionals who purchase Professional Indemnity insurance, these policies are issued on a “claims made” basis, meaning that you must have a policy in force at the time a claim is made against you, regardless of when the work was actually carried out. In effect, you will have no insurance for any works previously completed.

Your business will be making important, speedy decisions during times of such uncertainty, and in our opinion, retaining Directors & Officers Liability insurance will be essential.

Based on information available as of 11/01/2021

Can I reduce my premiums during the uncertainty?

Please talk to us. It may be possible to reduce some covers and we will advise you.

Based on information available as of 11/01/2021

Can I reduce my wages and turnover mid-term so that payments can be reduced?

Employers & Public Liability insurance policies are generally fixed annual contracts. Some do contain declaration adjustments, but most “package” policies do not. We and BIBA are pressing insurers firmly for an industry wide response to this request.

Based on information available as of 11/01/2021

My renewal is due during this period – how do I estimate my wages and turnover due to unknown length of disruption and recovery period?

Try and be as accurate as you can without overestimating. We can always adjust estimates upwards when this uncertain period is over. There may be additional premiums to pay in future, but this will be at a time when business is returning to normal trading and cash flow improved.

Based on information available as of 11/01/2021

What impact will the current situation have if I hold an LTA?

Most insurers’ Long-Term Agreements contain conditions allowing them to reconsider any fixed terms agreements, including:

• material changes in legislation or regulations
• changes in insurers’ reinsurance terms
• changes in the activity of the insured and/or their business activities
• extraneous factors that materially change the risk profile of the company

It is likely that some, not all, insurers will seek to withdraw from such arrangements. We are talking to them on behalf of all our clients who currently enjoy a Long-Term Agreement for early decisions on maintaining these and will talk to you once their position is understood to decide our strategy for renewal.

Based on information available as of 11/01/2021

We have commented in our earlier updates that businesses could be held liable for employees who contract COVID-19 at work, or members of the public that contract it through your business activities. Whilst such a case would be difficult to prove, businesses should ensure that they document that they are following government guidance to mitigate such potential claims. In fact, some insurers are so concerned that they are excluding COVID-related claims from Public Liability policies or putting strict conditions in place before cover will apply.

To make sure you avoid the risk, you should follow government guidance closely, communicate constantly with your stakeholders and prepare risk assessments and mitigation strategies, ensuring this is all documented. For a business to be held liable, a breach of duty must occur. If the government advice is followed, not only will it help protect your employees, it will also be difficult to allege such a breach.

The actions, systems and processes that organisations undertake now to safeguard their staff and customers could determine whether claims are brought and, as importantly, whether they are successful.

Furthermore, employers should ensure that leaders within the business adhere to and enforce any corporate measures that are implemented. If this doesn’t happen and a claim is made against you, you could be held vicariously liable for the negligence of a manager who fails to adhere to internal policies and procedures.

Based on information available as of 11/01/2021

Are my computers insured for staff to take them home?

Each insurer takes a different standard approach. Many offer cover on all computer equipment away from the premises as standard and many policies include a Temporary Removal condition that will provide this cover. Do not assume that you have this, talk to our teams and we will ensure your assets are insured.

Based on information available as of 11/01/2021

Many businesses are adapting to the changing landscape by working differently. Working from home has become commonplace over the past few weeks and covered separately on this site, but for some, there are further changes being considered:

• Restaurants and other catering/hospitality businesses switching to takeaway and home delivery
• Manufacturing businesses are switching production to different product lines to meet changing demands of customers, or meeting government requests for NHS equipment
• Others are selling products online rather than through their usual distribution channels

If you have already, or are considering changing what you do or how you do it, please contact us immediately to make sure your insurance can be adapted to meet your new requirements – not notifying insurers could mean that any claims may not be covered.

Based on information available as of 11/01/2021

The National Cyber Security Centre reported that more than a quarter of all cyber incidents detected by UK spies in the past year involved criminals and hostile states exploiting the COVID-19 pandemic.

Many of these scams involved the sending of fraudulent emails from fake ‘Centres for Disease Control’ accounts offering the recipient a list of infected people within their local area, which took the email recipients to malicious websites.

Although cyber scams can look plausible and it’s getting increasingly difficult to detect deceitful emails from genuine ones, there are some simple steps you can implement to help protect yourself.

Here are a few things to look out for when deciding if an email is fraudulent:

• Check that the sender’s email address is legitimate
• Hover your mouse (don’t click) over linked text to see if the link looks weird
  Look out for spelling mistakes and poor grammar
  Be wary of emails that aren’t addressed to you personally
• If an email asks for personal information, such as bank account details, don’t trust it
• Beware of subject lines that evoke fear, e.g. ‘Your account has been suspended’
  Check that the signature contains legitimate contact details
• Don’t open email attachments that you weren’t expecting

Click here to watch our recent webinar recording, where we discuss the most pressing cyber threats to your business today, how COVID-19 has changed the risk of cyber attacks and what you can do to protect your systems.

Working from home? Why employees need to be extra cautious

As the situation with Coronavirus develops, it’s possible that more and more employees will work from home in an effort to prevent the spread of the virus. However, working away from the office and without access to a secure local network increases the risk of devices being hacked.

Whereas in the office employees use work devices that are usually up-to-date with the latest security updates and software, encrypted hard drives, automatic lock screens and so on, working remotely leaves devices vulnerable. For example, weak security settings can expose sensitive data and work-related information to cybercriminals.

Any employees that are planning to work from home should speak to their IT department first to check their security settings. It’s also vital that businesses educate employees about cybercrime and the steps they can take to reduce the risk of a cyber-attack. Visit our website for more information about educating employees on the importance of cybersecurity:

https://www.thomascarroll.co.uk/news/how-to-educate-your-employees-on-the-importance-of-cyber-security/

Important: If your Business Continuity Plan (BCP) involves employees working from home, the risks surrounding remote working should be seriously considered. We recommend that you contact your insurer to ensure your sums insured are adequate for portable equipment or if you are moving hardware away from your premises.

If you need advice, our cyber specialist, Emma Francis is on hand to help. You can reach her on 01792 704317 or by emailing emma.francis@thomas-carroll.co.uk.

Based on information available as of 11/01/2021

When is COVID-19 a HSE RIDDOR Notifiable to Insurers?

As identified by the HSE, you must only make a report under RIDDOR (The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) when:

• An unintended incident at work has led to someone’s possible or actual exposure to Coronavirus. This must be reported as a dangerous occurrence.
• A worker has been diagnosed as having COVID-19 and there is reasonable evidence that it was caused by exposure at work. This must be reported as a case of disease.
• A worker dies as a result of occupational exposure to Coronavirus.

https://www.hse.gov.uk/news/riddor-reporting-coronavirus.htm

A RIDDOR incident should also be notified to insurers as a potential claim.

If you have such an incident to report, please contact your insurance broker who will be able to consider which policy cover could potentially respond. For example:

• Public Liability (PL) if third-party injury/death or contaminated property damage.
• Employers Liability (EL) if own employee.
• Professional Indemnity (PI) due to allegation of professional negligence of duty/contract.
• Directors & Officers (D&O) from failing to risk assess and create a safe working environment.
• Business Interruption (BI)

In addition, any Legal Expenses and PR Disaster Recovery extensions could potentially support you.

At Thomas Carroll, we will explore all policies, sections and extensions of cover, prior to making the notification.

Based on information available as of 23/10/2020

The world has changed since March 2020. COVID-19 has had a global impact, affecting individuals and economies worldwide and the insurance industry has had to adapt. However, change was taking place in the industry even before the pandemic.

Our 2020 Market Monitor outlines the challenges within the insurance sector, with most classes of insurance business suffering with availability of risk capacity and a need to increase premiums.

This means that businesses need to think differently about how insurance is purchased and what covers are needed.

Click here to request your copy of our Insurance Market Monitor.

Click below to read the latest government advice for:

• Househould with possible Coronavirus infection: https://www.gov.uk/government/publications/covid-19-stay-at-home-guidance
• National lockdown – Stay at home: https://www.gov.uk/guidance/national-lockdown-stay-at-home
• Shielding and protecting people defined on medical grounds as extremely vulnerable: https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

Click here for advice from the NHS: https://www.nhs.uk/conditions/coronavirus-covid-19/

Based on information available as of 11/09/2020

As of Monday 14th September, people in Wales must wear face coverings in shops and other indoor public places. First Minister Mark Drakeford announced that this does not apply to children under 11. It is also compulsory for people to wear face masks on public transport in Wales.

The rules on face coverings are being changed due to the increase in COVID-19 cases in Wales, which indicates that there is a risk of the virus spreading more widely once again.

In England, it is already compulsory to wear a face mask in shops and other indoor spaces.

For further guidance on when it’s compulsory to wear a face covering, please follow the links below:

Wales: https://gov.wales/face-coverings-guidance-public

England: https://www.gov.uk/government/publications/face-coverings-when-to-wear-one-and-how-to-make-your-own/face-coverings-when-to-wear-one-and-how-to-make-your-own

Based on information available as of 11/05/2020

On the 11th May 2020, the government announced its roadmap for how and when the UK will adjust its response to the COVID-19 crisis.

The plan reviews the progress the UK has made in tackling the Coronavirus outbreak so far and outlines how it will move to the next phase of its response to the virus.

The roadmap will be kept constantly under review as the epidemic, and the world’s understanding of it, develops.

Click here to read the plan in full:
https://www.gov.uk/government/publications/our-plan-to-rebuild-the-uk-governments-covid-19-recovery-strategy

On Tuesday 7th April 2020, it became the law in Wales that employees must work two metres apart from each other.

The requirement applies to every workplace which remains open. This includes, for example, public services, health and social care premises, schools and childcare settings, call centres, hospitality centres, commercial and industrial premises, construction sites and other open sites, such as roadworks and outdoor places, including livestock markets.

To read more about maintaining physical distance in the workplace, please click here:

https://gov.wales/taking-all-reasonable-measures-maintain-physical-distancing-workplace

Based on information available as of 06/11/2020

The Welsh government has announced financial support for those who are told to self-isolate for up to 14 days.

People on low incomes can apply to receive a £500 payment if they have tested positive for Coronavirus or they are asked to self-isolate by the NHS Wales Test Trace Protect service because they have been in close contact with someone who has tested positive for Coronavirus.

In addition, a new top-up payment is being introduced for the social care workforce in Wales, to increase statutory sick pay to their normal wages if they have to take time off because they have coronavirus or are self-isolating.

Up to £32m is being made available for the two schemes to support people and remove the financial barriers faced by people needing to self-isolate.

Click here for further information: https://gov.wales/two-schemes-help-people-self-isolate-be-introduced-wales

Based on information available as of 03/03/2021

Today (3rd March 2021), Rishi Sunak presented his second budget to Parliament. As widely expected, the budget focused heavily on the continued economic impact of COVID-19.

The Chancellor confirmed several important continuations of support:

• The furlough scheme will extend until the end of September 2021 meaning that employees will continue to receive 80% of their salaries for hours they are not working.
• Support to the self-employed will be extended.
• Universal credit uplift also extended.

Click here to read the full update

Based on information available as of 22/04/2021

On 22nd April 2021, First Minister Mark Drakeford announced that COVID-19 restrictions will be brought forward.

From Saturday 24th April 2021, the rule of 6 will allow for up to 6 people from 6 households to meet outdoors, not including children under the age of 11 or carers from those households.

As of Monday 26th April 2021, outdoor attractions, including funfairs and theme parks, will reopen. Outdoor hospitality will also resume, including cafes, pubs and restaurants. Indoor hospitality will remain closed for now, except for takeaways. Previously scheduled for Monday 3rd May 2021, organised outdoor activities for up to 30 people and wedding receptions will be able to take place outdoors for up to 30 people.

From Monday 3rd May 2021, the following changes will take place:

• Gyms, leisure centres and fitness facilities will reopen
• People will be able to form extended households with one other household
• Indoor supervised activities for children will resume
• Indoor organised activities for up to 15 adults (e.g. exercise classes) will resume
• Community centres will reopen

For further information, please click here:

https://gov.wales/further-coronavirus-restriction-relaxations-brought-forward

Based on information available as of 11/01/2021

Q: My renewal is due soon. When can I expect to hear from you and how will you contact me?

A: You can expect to receive our usual high level of service, meaning that you will receive your renewal invitation in plenty of time for you to make a decision.

Your Account Executive remains on hand to help and answer any questions you may have.

Q: How will you contact me?

A: We’ll send your renewal invitation a few weeks before your renewal date. If we have an up to date email address, we will automatically email you the renewal documents. You can also have them in hard copy if you prefer, just let us know.

To get in touch with your Account Executive directly, please click here to find their contact details. Alternatively, you can contact our team on 02920 887733 or at contact@thomas-carroll.co.uk.

Based on information available as of 11/01/2021

Q: I am working from home due to the Coronavirus – do I need to notify you?

A: If you are insured with Thomas Carroll Private Clients, you don’t need to contact us if your work is clerical only (i.e. using a PC or doing paperwork). If this becomes a permanent change (not related to the current Coronavirus outbreak) you’ll need to tell us.

If your home working involves visitors entering your home or activities other than clerical work, cover is not automatically provided so please contact us.

Q: Is my work equipment covered under my home insurance?

A: Office equipment provided by your employer will be insured under their commercial insurance policy.

Your own equipment, i.e. laptops are insured under your home insurance. The amount of cover provided does vary. Please contact us to check the level of cover included under your existing policy.

Please let us know if you have any equipment over £1,000 so we can update your policy details.

Q: I have had to purchase a number of items to get me through this period at home (e.g. computer, printer, children’s entertainment) but haven’t had a chance to add them to my policy. Am I covered?

A: This will depend on your policy so please check your policy schedule and in particular your sums insured.

Many will be using the time at home constructively in a number of ways, but you could also undertake a review of your contents sum insured. Some bespoke policies do not carry an ‘Average’ clause which penalises underinsurance, but it is still a good idea to make sure your sum insured is sufficient to replace your possessions as new. Our Club Signature Contents Inventory will help guide you through the home and assess the value of your personal assets.

Q: Am I covered if something happens to my work equipment at home?

A: If your employer has provided you with equipment to work, this will usually be covered by their business insurance so you do not need to add it your policy and there is nothing you need to do.

If you have purchased the equipment you are using for work, then you will usually be covered – for example, equipment such as a computer, telephone or printer is covered as standard. If the equipment that you have purchased is more specialist in nature and is used for non-clerical activities, then please get in touch so we can make sure that you have the right cover in place.

Q: Do I need to inform you that my holiday home will be unoccupied for longer than normal?

A: Yes, you do need to notify us as we will need to contact your insurance provider to extend the unoccupancy period under your existing policy.

Q: A friend or relative is staying with me during the lockdown period. Will this affect my home insurance?

A: Insurers will be taking a sensible approach to additional visitors that may be staying with you during the lockdown period, as specified by government. Insurers understand that some individuals may require additional care and help during these unprecedented times and will not require you to contact them to advise that you have additional long-stay guests. This advice is subject to change depending on the length of time that government require the current social distancing requirements.

Remember, it may be that some claims for theft will only be accepted if there is evidence of a break-in, so make sure you fully trust the person you’re allowing to stay in your home for free. Keep your home protected by showing your house guest how to ensure the property is secure, where the stopcock is, and any other information that they may need to know.

Q: I have a guest staying with me during Coronavirus lockdown, will their possessions be covered while they stay with me?

A: If your guest has their own home insurance policy, this may cover their possessions away from home while they are temporarily staying with you. There may be a limit to the cover provided, so they should check their policy wording. If your home insurance policy includes ‘Visitor cover’ this will often cover your guests possessions, up to a limit, while they are staying with you.

Based on information available as of 11/01/2021

Petty crime reports appear to have increased and this may well continue as the isolation period endures. Police forces may take longer to respond to reported activities and this could ultimately effect homeowners in the event of civil disobedience.

As most of us remain at home it would be easy to consider ourselves ‘safe’, but you should continue to exercise caution in respect to your security. Keep doors locked to prevent opportunists taking advantage of the situation and set any alarm at night. Wherever possible, keep valuables out of plain sight.

Click here to read our tips for mitigating risks and protecting your home during lockdowns.

Based on information available as of 11/01/2021

With spring on its way, it is a common time for homeowners to undertake alterations to their home in some fashion. As the weather improves, plans for that long-anticipated extension or new kitchen get into full swing. It is important to always notify your broker or insurer of your plans before work starts and in advance of signing any contract of works (otherwise referred to as a JCT contract).

Where work has already started, you may experience delays in your project in the coming weeks due to the ongoing isolation. Whilst this will be completely understandable, please remember to inform your Account Executive as your insurer will need to be aware of new timescales. This will be particularly important if the property remains unoccupied during the works.

Based on information available as of 02/04/2020

Q: Does my car insurance provide cover for me to do volunteer work to deliver food and supplies to my community?

A: NHS Volunteer Responders and others who are volunteering to help their communities during the Coronavirus outbreak do not need to contact their insurer to update their documents or extend their cover.

If you are using your own car for voluntary purposes to deliver food and supplies to support others who are impacted by COVID-19, your cover will not be affected. You do not need to contact your insurer to update your documents or extend your cover. This applies to all categories of NHS Volunteer Responders, including transporting patients, equipment, or other essential supplies.

Last week, motor insurers pledged to provide enhanced customer help during the Coronavirus outbreak and committed to support those who use their cars to help their communities.

Duncan Macleod, Head of Business Development for Royal Voluntary Service, said:

“Thousands of NHS Volunteer Responders and other volunteers will be using their cars to do vital work, from delivering essential supplies to vulnerable people in isolation to transporting hospital patients, equipment and medication. It’s essential that they can do this without the burden of time-consuming administration or phone calls to their insurer.”

Q: If I have to self-isolate and need someone to drive my car to the shop to pick up supplies for me, will they be insured?

A: You will need to contact your insurance provider and have them added to your policy as a named driver.

If the person who is helping you has car insurance that includes a ‘Driving Other Cars’ section and they use your car with your permission, they can drive your car. However, they will only get third-party cover and “Driving Other Cars” is intended for short-term emergency use.

If you have comprehensive insurance and want to ensure that damage to your own car is covered when someone else uses your car, you will need to contact your insurance provider to add the other driver as a named driver to your own policy.

Q: If I have to drive to work now instead of getting public transport, will my car insurance still be valid?

A: If you have to drive to your workplace because of the impact of COVID-19, your insurance policy will still be valid. You do not need to contact your insurance provider to update your documents or extend your cover.

If you work in one of the critical sectors listed by the government and you need to use your own car to drive to different locations for work purposes because of the impact of COVID-19, your cover will not be affected. You do not need to contact your insurance provider to update your documents or extend your cover.

Q: If I have to self-isolate, can I pause my car insurance?

A: It is a legal requirement to have valid car insurance unless you register your vehicle off the road and apply for a SORN. Different insurance providers have different processes for these situations. If you want to keep your car but won’t drive it for a while, contact your insurance provider to see how they can support you.

Q: If I have an accident, will I be able to have my car repaired or replaced?

A: Insurance providers’ main priority is to make sure their customers can continue to have their claims paid in this challenging environment. Given the disruptions to international transport and manufacturing because of Coronavirus, it may take longer to get the necessary parts to repair your car.

Based on information available as of 16/07/2021

Travelling during the COVID-19 pandemic requires organisation and understanding. It is important that you read-up on the rules put in place to help keep yourself and others safe.

If you’re hoping for a holiday abroad but confused about the UK Government’s traffic light system for foreign travel, please click here to learn more on our blog.

Based on information available as of 01/02/2021

Winter Market Update

The arrival of a vaccine has set a timeline for the pandemic causing markets to celebrate. Share prices around the world have surged and the blue chip FTSE 100 index enjoyed one of its best months on record in November. The UK market made further gains through December as the Brexit trade deal was finally agreed. Over the quarter, the FTSE All Share index gained by 12.5% though it remains some 10% lower than where it started the year even once dividends are included. Elsewhere, gilt prices were little changed though bonds issued by corporations strengthened in price. The jump in markets over the quarter has resulted in a healthy improvement in your portfolios’ valuation and brings returns into positive territory for the year.

This winter was always going to be a very difficult one for us all, as the pandemic reaches its peak. In contrast, the forward looking nature of markets means they are now beginning to reflect the
prospects for the economic recovery, which is likely to be rapid. Lockdowns have restricted our spending on activities in areas such as restaurants and holidays. The upside is that the money has been saved instead and demand is likely to rebound quickly once restrictions are eased. Unlike in more normal recessions, companies don’t have large amounts of unsold stock in their warehouses, so production will return to full speed once the economy reopens. Governmental and central bank support have been massive and this has helped to keep many businesses afloat and wages paid. Sadly, some firms have folded, and many of the resulting job losses have fallen on the poorly paid. However, the economic impact has been modest as a consequence. Incidentally, many of the headline grabbing business closures would have probably happened anyway over the coming years as High Street shoppers shift to online. COVID-19 has merely accelerated this trend.

Central banks have pumped money into the economy as never before. Interest rates are already at rock bottom and governments have stepped in to keep the economy turning over. The Bank of England has injected huge sums into the financial system. Unlike in 2008, where the finance was trapped in the stressed commercial banking system, the money has flowed through into businesses and to individuals. Government spending has gone through the roof as measures such as the furlough scheme have been introduced Money supply has shot up as a result. Those clients old enough to remember the 1970s may fear a resurgence in inflation and some economists are predicting an up-tick in prices. Conversely, other economists argue that the increase in debt compounds the deflationary forces playing on the economy. Some costs are likely to rise over the next year or two, but we do not expect a dangerous self feeding cycle of inflation to develop. Nevertheless, it is something that we are closely monitoring and we will take prompt action if we fear that inflation is to become a problem.

Much has happened over this quarter. President Trump failed to win a second term, and while President-elect Biden looks an uninspiring choice, he will bring an element of welcome stability. Biden will not be as business friendly as Trump, though he is likely to be more predictable, which will make investment decisions easier. The UK has also agreed a Brexit trade settlement. The deal is far from generous and will bring additional short-term costs to the economy. However, it is preferable to no deal at all. We hope that the nation will take advantage of the opportunity to shed unwanted EU rules, but as yet it is too early to say where the precise economic benefits will arise.

We continue to be active in the portfolios and trading activity over 2020 was greater than normal. We expect to make further changes over the coming quarters as we continue to reposition the portfolios in response to rapidly changing market and economic conditions. Over the last few months we have been gradually building up our equity exposure. The recent purchase of the FTSE 100 index tracker proved to be well-timed and benefited from November’s bounce in markets. For once, the UK was the strongest amongst the major global markets.

The outlook is looking rosier. However, global markets are already reflecting the improvement, and areas such as US technology-related stocks appear dear. Many of these stocks have performed very strongly over the last few years and have received a further boost thanks to the pandemic. As a result, the importance of these companies within the index has grown significantly. We are sure that some great businesses can be found in this sector, but expectations in the market are very high. Not least, we have concerns about the growing threat of greater regulatory oversight and anti-monopoly action. History has not been kind to investors who overpay for profits promised in the distant future. Our preference is for more mundane, less glamorous companies which tend to be more reliable, though we are beginning to look more closely at recovery plays at this stage in the cycle.

Long-term returns are likely to be more modest than markets have produced over the last few decades. Interest rates and government bond yields look set to remain at negligible levels for years to come. Investors must be prepared to risk their capital if they intend to maintain its value versus inflation, never mind hope to grow it in real terms. Equity returns are likely to average medium to high single digits. We continue to uncover opportunities for attractive, albeit modest returns from secure investments however, the main driver of any return must come from equities. We have been adding to this latter component of the portfolio. We are in the stage of the investment cycle when gains from stock markets are typically at their most sustainable. However, our enthusiasm is tempered by high valuations within the US market, and not least of its leading technology-related businesses, as well as the precise implications of Brexit where short-term costs will need to work through the economy in the UK.

Based on information available as of 11/01/2021

What Business Interruption cover is available? / Why isn’t there any cover?

Standard Business Interruption covers are intended to respond to loss by physical damage at your premises, not closure by public authorities and most policies do not contain extensions for disease. In cases where some policies have some extensions, these are generally limited to existing, known illnesses or conditions that health authorities already monitor – ruling Coronavirus out.

Even beyond this, those policies that would be triggered by this pandemic generally require a certified case of the virus within a given radius of the site in question alongside other restrictions. This could include having to demonstrate actual contamination on-site, a proven case within a few miles or official orders to close. Even if all these conditions apply, there are further possible objections insurers might take on the basis of it being a “wide area event” affecting a whole region rather than a localised outbreak that the policy intended to insure.

The insurance industry works generally on the basis of insuring against foreseeable, quantifiable losses. This allows them to consider what risks they might be accepting and charge an appropriate premium accordingly. We have never witnessed a pandemic on this scale, and it would be impossible for insurers to anticipate such an event or consider the extent of claims costs, so they are simply not insured. For the same reasons, war and nuclear risks are a standard market exclusion, and this is why the majority of UK businesses on standard policy wordings do not have cover against Coronavirus losses.

The package of help announced for businesses is not an insurance matter but has been given, we imagine, because generally businesses will be uninsured for the reasons above. We, and our industry (BIBA, ABI), are lobbying the government to underwrite the matter themselves much like Terrorism and Flood cover because this is an unprecedented event which we would describe as a fundamental risk which are uninsurable and usually underwritten by government.

Based on information available as of 11/01/2021

Should I make a claim straight away should I have an interruption to business, even if I don’t have any cover?

Whilst the majority of businesses do not have cover for such an interruption, we would recommend that you notify your insurer of any loss immediately. A small number of policies may contain some limited cover. We will review your position with insurers’ claims teams for a formal decision.

Based on information available as of 10/02/2021

Following our previous update, we wanted to share the current progress with you on the Financial Conduct Authority (FCA) Business Interruption Test Case.

The High Court and subsequent Supreme Court actions were necessary to resolve widespread contractual uncertainty arising out of Business Interruption claims in relation to COVID-19. Whilst the speed of the legal process through the Courts was unprecedented, we appreciate how any period of waiting for this decision will have been unwelcome.

Since the start of the pandemic and post the Supreme Court ruling, we have been working to support our clients and offer our latest update below.

Supreme Court Judgement

The judgement was complex, and we are now waiting for this to be distilled into a set of declarations, to finalise the legal process. Once declarations have been issued by the Supreme Court, we will robustly push insurers to act in response on those non-damage Business Interruption policy coverage wordings, which potentially now offer indemnity following the judgement.

Once declarations are issued by the Supreme Court, it is expected the FCA, working with insurers, will issue guidance on all other policies which were not directly part of the Test Case, but which could now potentially provide non-damage Business Interruption policy coverage as a result of the Supreme Court judgement.

The delays in publishing are far from ideal and we understand the frustrations for many this is causing. We are prepared to react when declarations are issued, and once the FCA publish a list of potential policies in scope of the judgement.

In Scope Claims

For those policies which will have been directly or indirectly impacted by the Supreme Court’s judgement, if not already in some instances where the ruling is clear or as soon as the declarations issue permits for others, you can expect us to push insurers on your behalf to progress claims as quickly as possible. Prompt action will not however necessarily mean that claims are paid immediately, as each policyholder will need to demonstrate and quantify their lost income, profit, or increased cost of working.

The majority of policies that are expected to respond generally provided cover on smaller inner limits rather than full gross profit.

Where we can, we will push insurers to make rapid “interim” payments whilst their adjustors review each loss to reach fair settlement. The FCA have been clear with insurers that they expect this to happen.

Loss Assessors

For all valid claims, businesses will still need to be able to demonstrate the level of loss suffered as the COVID-19 event does not automatically trigger a claim payment. Insurers will appoint their own loss adjustor and we will manage the claim as normal. However, to expedite further, you may wish to appoint your own specialist loss assessor to assist in analysing your lost income, profit, or increased cost of working and help prepare your claim.

We have been working with a number of specialists and can provide referrals to these should you require. We would not recommend this however until we have confirmed that your policy will respond and any potential limits that may apply.

Interpreting the Ruling

Since the Supreme Court ruling, we have successfully challenged some insurers over claims declinature decisions. We will continue to ensure that all insurers are correctly applying the judgement principles to policy coverage, so that those businesses who are now able to benefit, can.

We are working with a number of legal advisers on the best course of action for you should your policy coverage challenge against insurers need escalation. We will report any insurer who does not comply with the legal ruling.

The Enterprise Act

The 2016 Enterprise Act allows policyholders to claim against their insurer for damages suffered as a result of late payment of claims. The Act requires insurers to pay claims in a “reasonable time”, however this is not defined. It is generally accepted that due to their complexity, Business Interruption claims take longer to settle than others. The decision of the FCA to take the Test Case and subsequent appeal through the Courts are likely to provide insurers with grounds that the delays are reasonable pending the outcome of the case, with policy cover not accepted until conclusion of the appeal.

With that now complete and with the Supreme Court declarations expected to be published along with the FCA list of other policies potentially impacted by the judgement, we will be closely monitoring insurers behaviour and will talk to our customers when we feel a challenge under the Enterprise Act would be reasonable.

Out of Scope Claims

The FCA Test Case argued for a small group of policyholders who had non-damage disease clauses and certain prevention of access clauses. Policy wordings pertaining to physical damage (the majority of policies) were not within the scope of either Test Case. There was no legal argument for the FCA to make with such policy coverage being specific.

The Test Case did also not consider policies that required manifestation of COVID-19 at the insured premises to trigger a claim. Following the Supreme Court judgement, insurers remain of the view that there is generally no cover available under their policy, unless it can be evidenced that COVID-19 manifested at your premises.

Next Steps

Once the Supreme Court issues their declarations, insurers will be given clarity and should progress valid claims with haste, as requested by the FCA. For those with potential non-damage Business Interruption policy coverage, the work to identify and quantify loss will progress. Whilst questions remain on how insurers will behave, we will of course continue to act in your best interest, endeavouring to reach a settlement and payment as promptly as possible.

As soon as the FCA publish the list of insurers policies which could potentially offer policy coverage within the scope of the Test Case, we will be in contact with those clients.

For most, policy cover did not extend to non-damage business interruption losses and the Supreme Court ruling does not open the door for these policies to respond.

If you have any further questions, please do not hesitate to contact us on 02920 853788 or at contact@thomas-carroll.co.uk.

Based on information available as of 08/03/2021

Final Guidance: Business Interruption Insurance Test Case – Proving the Presence of Coronavirus (COVID-19)

The FCA has issued its final guidance in relation to the Business Interruption Insurance Test Case.

Following the judgement of The Supreme Court, 14 out of the 21 policy types tested were found to have the potential to provide cover in response to the pandemic. The Supreme Court also found that cover may be available for partial as well as full closure of premises, and for mandatory closure orders that were not legally binding.

Some Business Interruption insurance policies require the policyholder to prove the presence of a disease within a particular area around their premises. As part of its decision, the Court made declarations on the types of evidence which policyholders can use in order to prove the presence of COVID-19 and the methodologies they may use in that process.

This guidance contains guidance for policyholders, insurers and insurance intermediaries on how the presence of COVID-19 in a particular area may be proved.

Which Insurance Policies Does This Guidance Relate To?

The guidance relates to how a policyholder might prove the presence of COVID-19 for the purpose of making a claim under an insurance contract that:

• was in force during the UK Government action primarily in March 2020 in response to the national COVID-19 pandemic
• which is of, or similar to, a type of policy found to provide cover for that action in the test case and
• which requires the policyholder to prove the presence of COVID-19 within a particular area around their premises

It may also be relevant to losses from later events such as ‘local’ lockdowns or subsequent national lockdowns.

Click here to read the guidance in full

If you have further questions, please do not hesitate to contact your Account Executive. Alternatively, you can reach our team on 02920 853788 or at contact@thomas-carroll.co.uk.

Based on information available as of 12/01/2021

The government has set out a package of measures to support businesses through the period of disruption that has been caused by COVID-19.

Please click here for more information: https://www.gov.uk/government/collections/financial-support-for-businesses-during-coronavirus-covid-19

Based on information available as of 20/10/2020

From 1st October 2020, HM Revenue and Customs (HMRC) has increased the threshold for paying tax liabilities to £30,000 for Self Assessment customers. The aim is to help ease any potential financial burden they may be experiencing due to the COVID-19 pandemic.

The online payment plan service can already be used to set up instalment arrangements for paying tax liabilities up to £10,000.

Customers who wish to set up their own self-serve Time to Pay arrangements must have no:

• Outstanding tax returns
• Other tax debts
• Other HMRC payment plans set up
• The debt needs to be between £32 and £30,000
• The payment plan needs to be set up no later than 60 days after the due date of a debt

Customers using self-serve Time to Pay will be required to pay any interest on the tax owed. Interest will be applied to any outstanding balance from 1st February 2021.

To learn more, please click here:

https://www.gov.uk/government/news/self-assessment-customers-to-benefit-from-enhanced-payment-plans

Based on information available as of 04/01/2022

The Economic Resilience Fund (ERF) is aimed at businesses in the hospitality, leisure and attraction sectors and their supply chains that have experienced a 60% reduction of turnover as a result of the COVID-19 pandemic, between 13th December 2021 and 14th February 2022.

The fund, which forms part the Welsh Government’s COVID-19 response measures to support businesses, social enterprises and charitable organisations in Wales, will support:

• Businesses impacted between 13th December 2021 and 14th February 2022 and closed by regulations from 26th December 2021.
• Event space and attractions materially impacted between 13th December 2021 and 14th February 2022.
• Other businesses with greater than 60% impact on turnover between 13th December 2021 and 14th February 2022.

And (applies to all):

• Have experienced a material impact through reduced turnover of 60% or more between December 2021 and February 2022 as compared to December 2019 and February 2020.

Please visit the Business Wales website for further information and click here to check your eligibility for support.

Based on information available as of 11/01/2021

Do unoccupancy conditions still apply for my business premises?

Your policy will likely contain an unoccupancy condition outlining what you must do at your premises for cover to continue. This is an area where insurers are showing early flexibility with many relaxing these conditions. It is unlikely that most insurers will apply terms to your cover or increase premium, but you should notify them regardless – some will still require this acknowledgement.

You should ensure of course that your premises is secured, doors, windows and gates are locked, alarms are active and services shut off where possible.

Based on information available as of 15/01/2021

The whole of the UK is currently in varying degrees of lockdowns with unspecified time periods.

AXA has issued a reminder on cover for businesses or premises that are unoccupied due to local, regional or national COVID-19 regulations and the impact the situation has on property insurances.

Please click here to read more

Based on information available as of 11/01/2021

Do I need to keep my vehicles insured?

Any vehicles still on the road will of course still need Motor insurance. If you are taking vehicles off the road and registering them as SORN, we are seeking confirmation from insurers that they will provide a reduction in premium mid-term.

Based on information available as of 11/01/2021

If my business premises are closed, what happens if I miss the deadline for post-survey risk improvements?

Each insurer is taking a different approach, but most are showing flexibility and leniency on such matters. Do not assume it is acceptable not to complete these, please talk to us if they cannot be completed.

Based on information available as of 11/01/2021

Should I notify my insurers that my construction site has closed?

Yes. All CAR policies will have a “Stoppage of Work” or “Cessation of Work” clause. These vary but in essence there is an obligation to notify the relevant insurer if work stops for a set number of consecutive weeks or months – typically ranging from 4 weeks to 12 weeks.
If there is cessation, the insurer may have the right to modify cover (i.e. restrict perils), remove cover altogether or charge an additional premium

If my construction site has closed, what do I need to do to ensure continuity of cover?

If the site is mothballed, insurers will expect minimum levels of security and for you to take all reasonable precautions to safeguard the works completed to date.

What is the statutory position on engineering inspections on a plant that is, or will be out of diary because it cannot be inspected due to my premises being closed or the insurer being unable to attend?

We expect insurers to carry on with engineering inspections for essential business but not for non-essential business.

For equipment which is or will soon be out of date for examination, the HSE is not currently issuing exemptions or relaxing the requirements of the relevant regulations. HSE have said that they realise this is a fluid situation and the position is consistently under review. We will update you if we are informed of any change.

Based on information available as of 11/01/2021

Should we be providing homeworkers with screens, keyboards, mouse etc. or is a laptop enough?

You should provide the appropriate equipment to allow an employee to work safely from home. This may include screens or a laptop together with other equipment such as keyboard, mouse, risers etc. Employers should plan and assess the ergonomic setup for those working from home. This may mean delivering the appropriate equipment to staff who are working from home.

How should we carry out homeworking assessments if we can’t actually visit staff homes?

Homeworkers should be issued with a DSE self-assessment checklist to complete and discuss with their employer. Where problems are highlighted, you should establish and agree what steps should be taken to minimise the risk. In some cases, it may be an option for staff to send a photograph of their home setup (with them sat at their workstation if possible) to allow for remote advice and assessment to be carried out. If you have staff who are under Occupational Health, such services should also be contacted as many are offering remote/telephone assessments.

Where employees are provided with specialist equipment in work, such as an ergonomic chair, arrangements must be made to ensure this equipment is also available in their home.

We have those who can work from home currently homeworking, but what about our on-site/operational staff, should we be closing?

This is a business decision which must follow government guidelines. In terms of the wider community, you may wish to consider if your on-site operations are essential to assist frontline services? But it is also understood that there may be work that is business essential, which should be risk assessed.

Maintaining Employee Health and Safety

Learn more about how you can ensure your employees are working safely here: https://www.thomascarroll.co.uk/news/homeworking-guidance-health-and-safety/

Based on information available as of 11/01/2021

Do we have to undertake fire safety inspections, testing and recording for our building when on lock down or partial lock down?

This would be determined by the relevant fire risk assessment. However, in general, if areas are not in use and locked down then fire safety checks and inspections are not required. Further advice should be sought from your insurer as they may have additional specific requirements in relation to fire safety.

For partial lock down there will be basic checks that can be completed, for example checking fire exits are clear, fire extinguishers are in their designated location, testing of fire alarms and so on for areas being used.

Do statutory inspections such as LOLER, need to be undertaken if my business is in lock down?

If your business is in lock down and any equipment passes the expiry date of a statutory inspection, it is essential that this equipment is not put back into use until the examination is undertaken. Further advice should be sought from your insurer as they may have additional specific requirements in relation to Statutory Examinations.

Do I need to carry out a risk assessment for Coronavirus?

Yes. As an employer it is essential that a risk assessment is undertaken to ensure the risk to employees is reduced to the lowest level reasonably practicable. The assessment, which must follow government advice should identify suitable precautions and arrangements to ensure, so far as reasonably practicable that the workplace is safe, persons are safe and relevant information is provided to those affected.

We have created a number of practical checklists and templates to help you form your plan and ensure that your workplace is safe for your employees:

Download COVID-19 Risk Assessment Guidance and Template

Download COVID-19 Employee Workplace Checklist

Download COVID-19 Workplace Checklist

Based on information available as of 11/01/2021

What should I check with contractors and visitors before allowing them to enter the workplace?

Contractors and visitors should only be permitted to enter your workplace for essential or emergency work and following the completion of a risk assessment.

There are a number of questions that you should ask contractors and visitors before entering the workplace:

• Have you travelled to or from a country at risk in the past 14 days?
• Do you currently have symptoms of acute respiratory illness or fever
• Have you come into close contact with a person with confirmed COVID-19 or with potential symptoms?
• Are you living with, visiting or looking after a vulnerable person?

If they answered YES to any of the questions, you should not permit them to work or enter the workplace and, if answered YES to the first 3, must self-isolate in accordance with government advice etc.

Based on information available as of 11/01/2021

Will face masks contain the virus?

The use of suitable facemasks, such as tight- fitting respirators (for example disposable FFP3 masks and reusable half masks) will help to protect against the Coronavirus, but it is essential that training on the correct use of the mask and face fit testing is carried out. In addition, facemasks must be regularly cleaned and stored safely. In the case of disposable face masks, they must be regularly replaced.

There are a range of additional precautions that need to be implemented when face fit testing is undertaken in order to minimise the risk of transmission of the disease. Please contact lauren.hill@thomas-carroll.co.uk for more information.

Based on information available as of 11/01/2021

Can we use our normal cleaners to carry out deep cleaning if there has been someone diagnosed with Coronavirus?

You should liaise with your cleaning provider to establish if they are competent to undertake this work and have the necessary equipment, including personal protective equipment. If your cleaner is an in-house member of staff they may not be qualified and there may be COSHH implications to consider if they are to use chemicals not previously used or assessed. Deep cleaning or decontamination cleaning should be carried out by a competent person or provider, for which risk assessments and safe systems of work should be in place before work commences.

Based on information available as of 11/01/2021

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 places a legal duty on employers, the self- employed and people in control of premises to report certain workplace accidents, occupational diseases and dangerous occurrences.

A RIDDOR report should be made when one of the following circumstances applies:

• Where an incident happens at work which results in (or could result in) the escape of Coronavirus, this must be reported as a dangerous occurrence.
• Where a worker has been diagnosed as contracting COVID-19 and there is reasonable evidence that it was caused by exposure at work, this must be reported as an occupational disease.
• Where a worker dies as a result of occupational exposure to Coronavirus. This must be reported as a work-related death due to exposure to a biological agent.

In these cases, RIDDOR only applies where a work related link is established. When COVID-19 has been verified by a registered medical practitioner, but it was not caused by work-related exposure, then RIDDOR does not apply.

Click below to learn more about reporting Coronavirus:
https://www.hse.gov.uk/news/riddor-reporting-coronavirus.htm

Based on information available as of 11/01/2021

Legionella Risks During the COVID-19 Pandemic

Following recent reports of legionnaire’s disease in the Midlands, the HSE have issued a reminder to employers, the self-employed and people in control of premises (such as landlords) that they have a duty to identify and manage risks associated with legionella.

If your workplace was or is closed or has reduced capacity as a result of the COVID-19 pandemic, water system stagnation could occur as a result of it not being used much. This increases the risk of Legionnaires’ disease.

Click here to download our guide about Legionnaires’ disease, who is at risk, legislation and advice.

Visit the HSE website for more information on managing the risks of Legionnaires’ disease during the pandemic:

https://www.hse.gov.uk/coronavirus/legionella-risks-during-coronavirus-outbreak.htm?utm_source=govdelivery&utm_medium=email&utm_campaign=coronavirus&utm_term=detsailed-guidance&utm_content=legionnaires-23-sep-20

Based on information available as of 22/01/2021

Employers have a duty of care to protect anyone affected by their business activities. Whether the business is operating fully or partially, or for when the time comes for employees to return to work, it’s vital that businesses take all of the necessary precautions to safeguard employees from Coronavirus whilst they are at work.

Based on information available as of 11/01/2021

Thomas Carroll Employee Benefits update on COVID-19

We understand that this is a difficult and uncertain time for our clients and rest assured we are doing everything we can to support you. To help you understand how the Coronavirus outbreak might impact you and your Employee Benefits as an employer, please find below some useful providers links, which are updated regularly by each provider, to ensure you are receiving the most up to date information.

We have also collated the latest advice regarding the COVID-19 pandemic into one central hub to help you stay up-to-date with the changing situation and answer the most common queries that we have received: https://www.thomascarroll.co.uk/covid-19-risk-management-updates/

Please note that this information was completed on 02/04/2020. If you would like to stay informed, you can also click here to subscribe to our mailing list and receive updates straight to your inbox.

Alternatively, should you have an urgent query, please email or call your usual Thomas Carroll Employee Benefits contact, or alternatively email eb@thomas-carroll.co.uk or call 02920 858633.

Providers’ Links:

Group Personal Pension

https://www.thepensionsregulator.gov.uk/en/covid-19-coronavirus-what-you-need-to-consider/automatic-enrolment-and-pension-contributions-covid-19-guidance-for-employers

https://www.thepensionsregulator.gov.uk/en/covid-19-an-update-for-trustees-employers-and-administrators#4696db56d4d34a05a825032bd4ad647d

https://www.pensionsadvisoryservice.org.uk/about-pensions/when-things-change/coronavirus-how-will-this-affect-my-pension-or-investments

https://www.aviva.co.uk/aviva-edit/the-impact-of-coronavirus/

https://www.royallondon.com/coronavirus/https://www.scottishwidows.co.uk/global/coronavirus/

https://www.standardlife.co.uk/c1/covid-19-service-update.page

https://www.legalandgeneral.com/workplace/a/argos/coronavirus/

https://www.nestpensions.org.uk/schemeweb/nest/resources/support-through-covid19.html

https://thepeoplespension.co.uk/our-statement-on-coronavirus/

https://www.nowpensions.com/blog/managing-your-workplace-pension-scheme-during-the-coronavirus/

https://www.aegon.co.uk/coronavirus.html

Group Risk (Group Life Assurance, Group Income Protection & Group Critical Illness)

https://www.aviva.co.uk/aviva-edit/the-impact-of-coronavirus/

https://www.metlife.co.uk/

https://www.canadalife.co.uk/news/coronavirus-the-impact-on-group-insurance

https://www.zurich.co.uk/insurance/coronavirus

https://www.unum.co.uk/resources/corona

https://www.legalandgeneral.com/adviser/workplace-benefits/group-protection/newsandinsights/news-and-news-archive/coronavirus.html

https://www.aiglife.co.uk/advisers/products/group-protection/coronavirus-qa/?utm_campaign=2020-03-03-EMEA-UK_Coronavirus_Group&utm_medium=email&utm_source=Eloqua

http://www.ram-ltd.co.uk/

https://www.ardonagh.com/media/group-news/coronavirus-update – Lutine

Group Private Medical Insurance & Cashplan

https://www.bupa.co.uk/coronavirus

https://www.aviva.co.uk/aviva-edit/the-impact-of-coronavirus/

https://www.axappphealthcare.co.uk/update-on-coronavirus/

https://adviser.vitality.co.uk/coronavirus-update/

https://www.westfieldhealth.com/covid-19

https://www.simplyhealth.co.uk/coronavirus

https://www.cigna.com/individuals-families/health-wellness/topic-disaster-resource-center/coronavirus-public-resources

https://www.wpa.org.uk/latest-information

https://healthshield.co.uk/news/health-shield-coronavirus-update/

Based on information available as of 11/01/2021

Since 2018, all employers have been required by law to set up and enrol all eligible employees into a qualifying workplace pension scheme. This is overseen by The Pensions Regulator which is the public body that protects workplace pensions in the UK. COVID-19 has had a significant impact on employers and as of 31st May 2020, 8.7 million employees out of the 26 million UK workforce have been furloughed using the Coronavirus Job Retention Scheme.

Your Duties

In a recent publication, The Pension Regulator stated: “We know that this is a challenging time for everyone and we recognise the strain this is putting on employers. We will take a proportionate and risk-based approach towards enforcement decisions in light of these challenging times, with the aim of helping to get employers back on track and supporting both employers and savers.”

1. Can you put your scheme on a contribution holiday?

The Pension Regulator’s guidance is clear that you need to keep contributing to pension schemes in line with your current commitments and that employer and employee contributions should still be paid to the pension scheme within the usual timescales.

2. What about new joiners and re-enrolment?

Your workplace pension scheme duties remain unchanged. Therefore, please continue to follow your normal processes, such as enrolling eligible job holders and completing the re-enrolment process.

3. What if an employee opts out?

An employee may take the personal decision to opt out and cease active membership of a pension scheme. Subsequently, both employer and employee contributions will cease for that individual saver.

4. Do you still contribute if an employee is off sick?

In the event that an employee is off work due to illness, you will need to continue deducting contributions from their salary as statutory sick pay is part of the qualifying earning rules for automatic enrolment.

5. What happens if you cannot make pension contributions on time?

The rules and guidance on payment of contributions have not changed. However, if the breach is inadvertent because of the current pandemic then it is probable that The Pension Regulator will take a more sympathetic position as long as appropriate measures are taken to rectify the situation. If the breach is for an extended period and unlikely to be easily corrected, we would encourage you to report this to The Pension Regulator.

For more information from The Pension Regulator, please visit:
https://www.thepensionsregulator.gov.uk/en/covid-19-coronavirus-what-you-need-to-consider/automatic-enrolment-and-pension-contributions-covid-19-guidance-for-employers

Contributions

1. What is the Coronavirus Job Retention Scheme?

The Coronavirus Job Retention Scheme is a temporary scheme designed to support employers whose operations have been severely affected by Coronavirus. Under the Coronavirus Job Retention Scheme, HMRC will reimburse 80% of a ‘furloughed’ employee’s salary costs, up to a cap of £2,500 per month, plus the associated employer’s National Insurance contributions and minimum automatic enrolment employer pension contributions on that salary.

For a full version of TPR’s guidance notes in this respect please visit:

https://www.thepensionsregulator.gov.uk/en/covid-19-an-update-for-trustees-employers-and-administrators

2. What are the recent changes to the CJRS?

The CJRS has been extended to the end of September 2021. The government will pay 80% of wages up to a cap of £2,500 for staff on furlough, but the scheme doesn’t cover employer National Insurance and pension contributions.

If you’re using the CJRS, you should continue to run your payroll and continue contributing to your employees’ pensions at the regular agreed amount. You can find more information about the scheme on the government’s website, including a step-by-step guide to claiming and a calculator.

It’s important you continue contributing to your employees’ pensions and assess your workforce each pay period. Remember your re-enrolment duties remain the same whether your staff are working or on furlough.

Employees should continue to pay contributions as per the legal minimums, or whatever is set out in their contract.

What contributions do employers need to pay?

• Contributions should continue at the same rate as before. You should continue to work out contributions based on the amount the employee is being paid even if they are part furlough/part-time working.
• You should continue to apply the earnings threshold if you’re using qualifying earnings to work out pension contributions. If the employee’s earnings fall below the lower earnings threshold (£520 per month), contributions may not be necessary.

The Pensions Regulator has provided guidance for employers that use salary sacrifice/exchange on their website.

3. How does the CJRS affect pension contributions?

Employers may only claim for pension contributions based on the statutory auto-enrolment minimum i.e. 3% of qualifying earnings between £6,240 and £50,000. Contributions in excess of the auto-enrolment minimum will not be funded by the Coronavirus Job Retention Scheme grant but must continue to be paid by employers in accordance with the scheme’s rules and contracts of employment.

4. What changes can you make?

If the scheme’s contribution basis meets the statutory minimums then, the certification basis can be changed. If you are contributing above the minimum of 3% of pensionable pay, it is possible to reduce your contribution. However, if you employ more than 50 employees you would normally be expected to carry out a 60-day consultation with employees. The Pension Regulator have said they are waiving enforcement of this rule but still recommend employers communicate any change to employees. We strongly advise that you review your current contractual arrangements and seek legal advice before making any changes.

For more information on the Coronavirus Job Retention Scheme, please visit:
https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme

Salary Exchange

1. What is it and how does it work?

Some employers will be using salary exchange to make pension contributions. It is an arrangement where an employee agrees to give up some salary or bonus. The amount given up is used by the employer to provide a non-cash benefit to the employee, in this case a pension contribution. As the employee is being paid less gross salary, the employer makes National Insurance Contribution savings and the employee pays less tax and National Insurance.

2. How is it affected by the CJRS?

The Coronavirus Job Retention Scheme grant is based on the employee’s salary after salary exchange as of 19th March. Subsequently, this will reduce the amount of grant the employer will receive from the scheme for an employee in comparison to those not on a salary exchange arrangement. It also means the employer will only get the 3% of qualifying earnings to cover the employer’s minimum auto-enrolment contribution based on the reduced salary.

It is important to note that all the grant received to cover an employee’s subsidised furlough pay must be paid to them in the form of money. The grant cannot be reduced to pay for the pension contribution. Therefore, the responsibility lies with the employer to fund the employee’s contribution as well as the additional employer contribution if above 3% of qualifying earnings.

The Pensions Regulator has provided guidance for employers that use salary sacrifice/exchange on their website.

3. Can an employee change their arrangement?

HMRC has confirmed that COVID-19 counts as a life event that could warrant changes to salary exchange arrangements if the relevant employment contracts are updated accordingly. However, changing the arrangement now will not alter the grant because the salary used for calculating the grant is as of 19th March and if they do this, it will have an impact on both employer and employee National Insurance contributions.

In summary, if an employer is using the Coronavirus Job Retention Scheme and implementing a salary exchange arrangement, they are exposed to the shortfall. However, it is important to remember that in times of normality the arrangement offers potential tax advantages to both the employer and employee. If you would like more information on salary exchange, please do not hesitate to contact us.
For more information from The Pension Regulator, please visit:

https://www.thepensionsregulator.gov.uk/en/covid-19-coronavirus-what-you-need-to-consider/automatic-enrolment-and-pension-contributions-covid-19-guidance-for-employers/covid-19-technical-guidance-for-large-employers

Employee Support

1. What can you do?

Communication is paramount particularly when employees pay or benefits, including pension contributions are being altered. In this instance formal communication usually by letter or email is strongly encouraged. On an ongoing basis, a major concern is the increased risk of criminals using this period of uncertainty to try and defraud employees of their retirement savings.

The most likely route during the current crisis is offering to transfer pension monies to apparent “safe havens” to avoid market volatility. Scams in the pension’s world have been on the increase since the introduction of Pensions Freedoms last decade, so employers and employees need to be aware of this risk. Please refer to the Financial Conduct Authority’s ScamSmart site to check the validity of any pension-sales claim. We would encourage employers to share these details with all their employees.

2. Should you offer advice?

The recent volatility of the financial markets will have worried many pension savers and it is difficult to say what impact it will have on any one saver. This is because there are several factors which influence their ultimate fund value and pension outcome such as age, contribution level, investment choice, and their personal retirement goals. So, for some savers the recent volatility in investment returns will have only a negligible impact, whilst for others it might be much more significant. Therefore, it is difficult to generalise as to how recent events may have impacted the retirement planning of any given workforce.

It is however likely that all savers will welcome supporting information to better understand the potential impact of the current volatility on their pension savings. Advice on pension investments should only be offered by an appropriately qualified and regulated individual therefore, employers should avoid offering any advice.

We believe very strongly in employee education, for benefit of both the employer and employee. In providing presentations, one-to-one meetings and more recently webinars, employees develop an enhanced understanding of their employee benefits, such as their workplace pension and in turn a realisation and appreciation of what their employer is providing. If you would like more information on employee education, please do not hesitate to contact us on 02920 853788 or email contact@thomas-carroll.co.uk.

Based on information available as of 11/01/2021

Q: Would a death claim be paid for COVID-19?

A: Death claims arising from COVID-19 would be covered by life insurance, subject to the usual policy terms and conditions.

Q: Is COVID-19 classed as a critical illness?

A: Although the COVID-19 isn’t a covered condition on critical illness policies, if complications as a result of the virus lead to other criteria being met, (for example kidney failure, liver failure, heart failure or respiratory failure), the claim would be met subject to the terms and conditions of the specific policy.

Q: Would an employee be able to claim off their Group Income protection scheme if they were off sick?

A: Income Protection customers with the Coronavirus infection
who are unable to work past the deferred period on their policy would be covered, subject to the terms and conditions of their policy.

Based on information available as of 11/01/2021

Q: Will you insure someone who has been diagnosed with Coronavirus?

A: If a customer has been diagnosed with Coronavirus and then applies for a life and/or Critical Illness policy, then an insurer would postpone their underwriting decision to accept the application until a full recovery is made. Insurers will do this with any application where they are aware of a potential health risk that is still being assessed.

Q: Is Coronavirus considered a critical illness?

A: No. The virus is not a named critical illness and therefore would not be a valid reason for claim under a Critical Illness policy.

Q: Will new policies have Coronavirus exclusions?

A: Each insurer is taking a different view point and we advise checking with your insurer before accepting a policy.

Q: What should I do if I can’t afford my insurance because I’ve lost my job?

A: Insurers are currently exploring ways in which they can help their customers in difficult financial positions. In the short-term, we recommend speaking to your financial adviser to discuss the help that may be available.

Based on information available as of 11/01/2021

Q: Are insurers accepting new applications for Income Protection insurance?

A: Each insurer is taking a different stance. In most situations, Income Protection policies are still available. A customer can apply for income protection in the UK. When they do, they should answer all application questions honestly and accurately, to the best of their knowledge and belief.

Q: Can I claim on my Income Protection policy if I’m self-isolating or quarantined?

A: Income protection is paid subject to the illness continuing beyond a deferred (waiting) period as defined by your policy. If after a period of quarantine an illness develops and goes beyond the deferred (waiting) period, the insurer will consider a claim. All claims will be based on whether you meet the definition of disability in your policy. But please be advised that we would not expect Coronavirus to be an extended illness in the vast majority of cases.

Q: Can I claim on my Income Protection policy if I am diagnosed with Coronavirus and can’t go to work?

A: A diagnosis of Coronavirus will be considered under an Income Protection policy subject to the illness continuing beyond the deferred (waiting) period as defined by your policy. Payments are also dependent on you satisfying occupation definitions specific to your policy wording.

Q: Will you pay out if someone has not contracted the Coronavirus, but for whatever reason, they are not currently working (e.g. due to temporary or permanent closure of a business)?

A: No. Income Protection policies pay out when you are unable to work due to illness. An Income Protection insurance policy is not a form of unemployment benefit.

Q: What should I do if I can’t afford my insurance because I’ve lost my job?

A: Insurers are currently exploring ways in which they can help their customers in difficult financial positions. In the short-term we recommend speaking to your financial adviser to discuss the help that may be available.

Q: Will new policies have Coronavirus exclusions?

A: Each insurer is taking a different viewpoint and we advise checking with your insurer before accepting a policy.

Based on information available as of 11/01/2021

Policy cover and benefits

Q: What cover is available for testing, screening or treatment for COVID-19?

A: Given that COVID-19 is a public health emergency, it is appropriate that diagnostics and treatment of COVID-19 is conducted by or at the direction of the NHS. Testing and screening is therefore not covered under your Health Insurance policy.

If you require hospital treatment for Covid-19 and you have NHS cash benefit included in your policy, then this would be payable inline with your policy terms and conditions.

Q: What if COVID-19 exacerbates an underlying condition?

A: This is a novel virus, but with each passing day we are learning more about its potential impact on individuals.

Care for anyone who has underlying conditions which are exacerbated by COVID-19 will be managed in line with policy terms and conditions in the usual way, including subject to the satisfaction of applicable policy underwriting.

Q: If I’m having care for COVID-19 under the NHS, but at a private hospital, can I still claim NHS cash benefit?

A: Yes, absolutely. If you’re under NHS care, any valid claims for NHS cash benefit will still be paid, no matter whether you’re attending an NHS hospital or a private one.

Q: I’m due to renew my policy. Will the terms remain the same?

A: Private Medical insurers are monitoring the situation and it is advisable to check with your insurer directly for any changes that may apply to your renewal.

Q: If I cancel my policy now, and take out a new one after the COVID-19 pandemic has passed, how might this affect my claims or premium in the future?

A: If you’re thinking of cancelling your policy, please contact your Private Medical insurers to discuss the best solution for you and your future ability to make claims.

Accessing treatment

Q: Will I be able to claim without a GP referral during the current crisis?

A: The terms and conditions in your policy for claims won’t be changing as a result of the NHS’s new measures, so GP referrals will still be required in most cases. The easiest way to access a GP referral would be through the GP facility where it is offered by your Private Medical insurer. Otherwise, you should contact the NHS via your usual methods.

Q: If people suffering from COVID-19 are admitted to private hospitals, will they be admitted as NHS patients?

A: Yes, that’s right. If you’re admitted to a private hospital under these circumstances, you’ll be under NHS care.

Q: Can I bring my treatment forward if the hospital I’m going to is still accepting patients for my condition?

A: This is something you’d need to check by contacting your specialist or hospital directly, however this announcement means that it’s unlikely any specialists or hospitals will be accepting non-critical cases.

Q: I don’t yet have a diagnosis for a condition I’m suffering from. Would I still be covered to have investigations carried out privately?

A: If your policy terms provide cover for the investigations you need, and you are able to arrange these privately, then these would be covered as usual. However, under the present circumstances it will be harder to get access to certain care.

Q: I am feeling stressed about this situation, can I speak to someone?

A: Many Private Medical insurers are providing support for stress and mental health conditions. You can speak with your health insurer to discuss support or you can contact your local NHS GP.

Current claims

Q: I’m currently receiving care in a private hospital, will you continue to cover me?

A: The availability of private treatment has been restricted by the COVID-19 pandemic. If your treatment is available privately, your cover will still apply.

Q: I have a claim in progress. Will I still be covered?

A: The availability of private treatment has been restricted by the COVID-19 pandemic. If your treatment is available privately, your cover will still apply.

Q: I have treatment booked today or this week, should I go?

A: The best thing to do is to contact your consultant and/or treatment provider who will make this decision and determine what happens next.

Q: I have treatment booked but I am being redirected to a different specialists and/or treatment unit, will I be covered?

A: Yes, provided the specialist and/or facility is recognised by your health insurer. If you find yourself in this situation, please contact your Private Medical insurer to discuss further.

Q: I have had treatment cancelled – what should I do?

A: You need to contact your consultant for further advice, there may of course be a delay whilst they make the right decisions for all of their patients. If you have a concern about treatment you need that has not yet started, you can contact your consultant, private hospital or your GP for further advice.

Premiums and payments

Q: Do I still need to pay my premiums?

A: Yes, to make sure there are no gaps in your cover, you do need to continue to pay premiums. If you don’t maintain your premiums in line with the terms and conditions of your policy, you or your insured members may not be covered for any previous condition that you may have claimed for.

Q: I’m having financial difficulties due to the effect of the COVID-19 pandemic, and I can’t afford to pay my premiums. What should I do?

A: If you’ve been affected in this way, contact your Private Medical insurer to discuss how they can help you.

Based on information available as of 11/01/2021

Will my/a claim still be met if I am behind with my premium payments or observing a payment holiday?

For a claim to be met, premiums must be paid. If you cancel direct debits at the moment, it is possible that any ongoing or future claim will not be met. We are discussing payment holidays with insurers. If these are agreed, they are unlikely to effect your position at claim time although it is possible that claims payments may be reduced by any outstanding premium amounts.

Based on information available as of 13/05/2020

The government has announced that it will support businesses with supply chains which rely on Trade Credit Insurance and who are experiencing difficulties maintaining cover due to Coronavirus.

It will work with businesses and the industry on the full details of the scheme to ensure firms are supported and risk is appropriately shared between the government and insurers.

For more information and to read the news story in full, please click here:
https://www.gov.uk/government/news/government-to-support-businesses-through-trade-credit-insurance-guarantee?utm_source=8b939942-aacd-4435-98c6-752bb665de60&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Based on information available as of 12/03/2021

On Friday 12th March 2021, the Welsh Government announced that non-essential shops will be able to re-open from Monday 12th April 2021.

With all of Wales at alert level 4, businesses operating out of shops are currently closed unless they are exempt due to the goods or services they provide being deemed to be “essential”.

The Welsh government has provided the following guidance for premises that are open to the public, whether indoors or outdoors, detailing the restrictions that are in place.

Click here for more information: https://gov.wales/business-closures-alert-level-4

Based on information available as of 16/04/2021

The Welsh Government has announced that anyone who cannot work from home in Wales can get free lateral flow COVID-19 home testing kits.

Around 1 in 3 people with Coronavirus do not have symptoms but can still infect other people. The only way to know if someone has COVID-19 is by them being tested regularly. If people test positive for the virus and self-isolate, this will help stop it spreading.

Lateral flow tests (LFTs) are used to identify people who have contracted COVID-19 who are not showing any symptoms. The tests are easy to use and give results in 30 minutes.

Testing kits can be picked up from certain testing sites and each person can collect two packs of seven LFT kits for home use. No appointment is needed and test centres are open for collection seven days a week.

Click here for more information and to find your nearest test collection centre.

Based on information available as of 17/09/2021

From Monday 11th October 2021, it will be a requirement to show the NHS COVID Pass to demonstrate full vaccination status or a recent negative Lateral Flow Test in order to enter the following venues and events:

• Nightclubs
• Indoor non-seated events of more than 500 people, where people are mixing closely for prolonged periods
• Outdoor non-seated events of over 4,000, where people will be mixing closely for prolonged periods
• Any event (of any nature) which has more than 10,000 people in attendance

For more information on how to obtain an NHS COVID Pass, please click here:
https://gov.wales/nhs-covid-pass-prove-your-vaccination-status