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Well, the government's Covid guidance for employers has now been updated (at last) and I noticed this:
"By law, from 28 September employers must not knowingly require or encourage someone who is being required to self-isolate to come to work"
Does anyone happen to know precisely what law this is or will be?
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1 user thanked Kate for this useful post.
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Rank: Super forum user
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Kate, becoming increasingly difficult to know what is law and what is guidance. I looked on the legislation.gov.uk site and found something about Coronavirus coming into force on 28 September, but not what you refer to (though I did find the web guidance you mentioned!) If law rather than guidance, I think it will be within the nation specific Regulations, so in England: The Health Protection (Coronavirus, Restrictions) (England) (No X) Regulations 2020 where X is more than 3 OR The Health Protection (Coronavirus, Restrictions) (England) (No Y) (Amendment) (No Z) Regulations 2020 Don't ask me to guess what Y and X might equal! They are writing Statutory Instruments almost like confetti and it might be that these latest changes announced in Westminster have yet to be published on the legislation website. Possibly due to 40 day period usually given to Parliamentarians to object to secondary legislation, but much of the Covid stuff has been done under emergency powers where the usual 40 days don't apply.
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2 users thanked peter gotch for this useful post.
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They are still drafting it I think. It will be sprung on us at midnight 27th September
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3 users thanked A Kurdziel for this useful post.
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https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19
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Rank: Super forum user
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A Kurdziel was closer than I thought ...
The Health Protection (Coronavirus, Restrictions) (SelfIsolation) (England) Regulations 2020
Made - - - - at 5.00 p.m. on 27th September 2020
Laid before Parliament 28th September 2020
Coming into force - -at 12.00 a.m on 28th September 2020
https://www.legislation.gov.uk/uksi/2020/1045/contents/made
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2 users thanked Kate for this useful post.
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In the Civil service we developed a type of telepathy which enabled us to know what politicians where thinking about. The politicians themselves had no idea what they were thinking about; all they did was react to shiny things passing in front of them.
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5 users thanked A Kurdziel for this useful post.
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Well found, Kate. ...and congratulations to AK for telepathy! Legislation made in haste...... "This Statutory Instrument has been made in part in consequence of a defect in S.I. 2020/1005 and is being issued free of charge to all known recipients of that Statutory Instrument."
But it does come complete with the excuse for not bringing it to Parliament before it came into force. P
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You mean this bit?
"In accordance with section 45R of that Act the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament"
Hardly surprising that some MPs are becoming vocal about being left out of the legislative process.
I understand the need to pass legislation quickly, but in this case the timing is absurd.
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some people think section 18 of HASAW give inspectors more power than the police (excluding arrest) but its nothing to what you can do Under Public Health legislation.
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Yes Kate, but what that bit actually says is a little deceptive as Statutory Instruments do not usually get "approved by a resolution" by the Houses; more a case of not getting disapproval. https://www.parliament.uk/site-information/glossary/negative-procedure/
So, usually the SI would be laid before the Houses and if Parliamentarians do not jump up and down, the SI comes into force (at least) 40 days later. As example CDM 2015: Right at the front of the Regulations it says: "Made 22nd January 2015 Laid before Parliament 29th January 2015 Coming into force 6th April 2015" Giving each House over 40 days to make a fuss. ...and at the back of CDM before the Schedules it tells you who signed the Regulations: "Signed by authority of the Secretary of State for Work and Pensions Freud Parliamentary Under Secretary of State Department of Work and Pensions 22nd January 2015"
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Rank: Super forum user
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Yes, that was what I learned at health and safety school ...
I suppose this is what they mean by the "new normal".
I heard a phrase the other day that summed this up: "the new new normal". In other words, no sort of normal at all, just constant change, and good luck if you are trying to keep up with it.
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1 user thanked Kate for this useful post.
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"2.—(1) This regulation applies where an adult is notified, other than by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State, by a person specified in paragraph (4) that—"
Are there different rules for self-isolation if you've been notified through the app, rather than any other way?
"(ii)had close contact after 28th September 2020 with someone who has tested positive for coronavirus"
What's people's definition of "close contact"? Less than 2 metres? Same room? Same building?
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Whoops, just read the close contact part, please ignore.
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Disobeying an app notification to self-isolate is not a criminal offence because (a) they don't want to deter people from using the app
(b) the personal data and notifications in the app are private so you can't prove someone has received such a notification and hence there is no prospect of enforcing it
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1 user thanked Kate for this useful post.
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Says it all really "..developed and operated by the secretary of state.." One thing did catch my attention in the Police debate - if their "business" mobile phones should not download the app because they do not have BlueTooth enabled how do they receive hands free calls when driving?
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2 users thanked Roundtuit for this useful post.
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Rank: Super forum user
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Says it all really "..developed and operated by the secretary of state.." One thing did catch my attention in the Police debate - if their "business" mobile phones should not download the app because they do not have BlueTooth enabled how do they receive hands free calls when driving?
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2 users thanked Roundtuit for this useful post.
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I now have a mental image of the hapless Secretary of State sitting at a computer developing and operating an app.
Thankyou ... I think ...
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5 users thanked Kate for this useful post.
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Originally Posted by: Kate I now have a mental image of the hapless Secretary of State sitting at a computer developing and operating an app.
Thankyou ... I think ... I can see him agonising over the colour : it must be nice and soothing and pretty…
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3 users thanked A Kurdziel for this useful post.
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Rank: Super forum user
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Rank: Super forum user
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And was the nice compliant one that Boris and co wanted for the Speakers job!
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Rank: Super forum user
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Yes, imagine the complaints by and about the previous Mr Speaker had he still been in post!
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