UK Government Mandated Business Closures on 23 March 2020

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Retail and public premises which are allowed to stay open following the exceptions mentioned above must enforce social distancing measures which includes ensuring a distance of two metres between customers, and between customers and retail staff. This will be effected by ensuring queue control and restricting the number of persons who may enter the premises at one time. Takeaway and delivery services may remain open and online retail and delivery services are expected to run as normal but these companies must continue to enforce social distancing. Planning regulations for restaurants and cafés which do not normally offer a takeaway service have been amended so that they can do so.

The Government is extending the law and enforcement powers it has through a Coronavirus Bill which is passing into law at the moment. It already had powers to enforce the closures that were announced last week. A business which operates in contravention of the mandated closures will be committing an offence and compliance will be monitored by environmental health and trading standards officers, with support from the police where necessary.

The Government guidance states that businesses and other venues which do not appear on the above list may remain open for now. Employers who have employees in their offices or premises should ensure that employees are able to follow Public Health England guidelines including, where possible, maintaining a two-metre distance from others, and washing their hands with soap and water often for at least 20 seconds (or using hand sanitiser gel if soap and water is not available). But there has been some confusion as this could be at odds with the guidance given to individuals that they must stay at home.

Individuals have been told that they should stay at home except in limited circumstances, which include travel to and from work where this work absolutely cannot be done from home. Government guidance tells businesses and workplaces to encourage their employees to work at home, wherever possible. The Government is also stopping all public gatherings of more than two people except where the gathering is essential for work purposes. The measures are not definitive on what “absolutely”, “where possible” and “essential” actually mean in the context of business operations but businesses should support employees to work from home if there is any way for this to be done. ACAS guidance suggests that employers with staff who cannot work from home should support their workforce to follow social distancing guidelines where possible, which might involve flexible working hours to avoid travelling at peak times and cancelling face to face events and meetings. Again, if there is additional guidance or further restrictions, we will update you.

The Government has sent letters to 1.5 million people who they consider to be the most at risk if they were to catch coronavirus. These persons should be encouraged by employers to stay at home if at all possible, and must strictly follow social distancing guidelines (remaining two metres away from other persons at all times) if they need to attend a workplace.

On 24 March 2020, Michael Gove, Minister for the Cabinet Office, clarified that construction workers could still work and tradespeople, such as plumbers and electricians, could attend emergencies in people’s homes, as long as workers stay two metres apart from colleagues and customers. He suggested that those who cannot possibly work from home should continue to work if their work is critical to health or the economy and only to the extent they can stay two metres away from all other persons. He encouraged employees and employers to use common sense and follow the principles of the Government’s advice to stay at home where at all possible.

On 25 March 2020, the Government guidance was updated in response to queries on work carried out in people’s homes. The guidance stated that work carried out in people’s homes, for example by tradespeople carrying out repairs and maintenance can continue, provided that the tradesperson is well and has no symptoms and so long as the person could maintain a two-metre distance from other workers and from the occupants. It clarified that no work should be carried out in any household which is isolating or where an individual is being shielded (these terms refer to those persons displaying symptoms or who have received a letter from the National Health Service informing them that they are most at risk from Coronavirus respectively), unless it is to remedy a direct risk to the safety of the household, such as emergency plumbing or repairs, and where the tradesperson is willing to do so. Public Health England can provide advice to tradespeople and households if work is required for emergency reasons. It also stated that no work should be carried out by a tradesperson who has coronavirus symptoms, however mild.

The Government has said that it will review the situation in three weeks’ time (which will be just after the Easter weekend – 13 April) to see if these measures need to remain in place. It has not ruled out more stringent restrictions or greater enforcement powers for the police if these become necessary.

Our London office is available to help you navigate the legal issues arising out of the Covid-19 pandemic, please contact James Campbell and April Lord who will assist you or put you in touch with the relevant people.

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