The relaxing of the social distancing measures offers potential for members wishing to resume face to face work. We want to best support you in your efforts to do so, while being aware of the risks that remain while the COVID-19 virus is still very much in active circulation.
The landscape of guidance can be quite confusing, with each of the Four Nations taking a different approach. Here we compare the social distancing restrictions, guidance and proposals in each part of the UK, offering some key messages to consider.
Coronavirus lockdown rules in each part of the UK
The UK government is only responsible for lockdown restrictions in England. This is because health is a devolved matter, which means that Scotland, Wales and Northern Ireland are responsible for their own policies in relation to public health matters.
Lockdown was imposed through public health legislation, with separate regulations made in the UK, Scottish and Welsh Parliaments and the Northern Ireland Assembly. The Scottish government, Welsh government and Northern Ireland executive remain responsible for introducing and lifting restrictions in their respective territories and can make different decisions.
England, Scotland and Wales introduced lockdown restrictions on 26 March and Northern Ireland on 28 March with only minor differences in their respective approaches. However, over time, differences between the approach of each part of the UK emerged, and the four-nation exit strategy appears to have broken down.
Plans to lift lockdown
Each of the four governments has now published its own roadmap for easing lockdown restrictions1. The UK outlined a phased approach to lifting lockdown restrictions which comprised three steps, the first of which applied from 13 May.
The Northern Ireland Executive’s ‘pathway to recovery’ sets out five steps, the Scottish government outlines four phases and the Welsh government uses a traffic-light system to show how they intend to ease lockdown restrictions, but they do not specify provisional commencement dates.
The rules on leaving and being outside the home
(If viewing on a mobile phone, turn your phone to landscape view to read the table)
|Restrictions on leaving your home||No restrictions on leaving home. Staying overnight anywhere other than where you are living only permitted with ‘reasonable excuse’.||No person may leave the place where they are living without ‘reasonable excuse’||No restrictions on leaving home. No person may leave the area local to the place they are living or remain away without reasonable excuse.||No person may leave the place where they are living without ‘reasonable excuse|
|Use of face coverings||Advised where social distancing not possible. Compulsory on public transport from 15 June.||Advised where social distancing not possible. Compulsory on public transport from 22 June.||Advised where social distancing not possible.||Advised where social distancing not possible.|
|Minimum social distancing||People must remain 2m apart from each other, including in workplaces. This will be reduced to 1m from 4 July where measures are in place to limit transmission.||People must remain 2m apart from each other, including in workplaces.||People must remain 2m apart from each other. By law, employers must take all reasonable measures to ensure a 2m distance.||Adults must remain 2m apart from each other. This will be reduced to 1m from 29 June where measures are in place to limit transmission.|
Returning to work
Certain business premises, including, leisure, and hospitality venues have been ordered to close. However, there are some differences in advice on non-essential work. The guidelines state:
Employees who cannot work from home, for example, those in construction and manufacturing, are now encouraged to go to work. Where possible, employees and customers should maintain 2m distancing, and where this is not possible steps must be taken to manage transmission risk.
You may not leave your home to go to work unless it is not ‘reasonably possible’ to work from home.
Businesses are advised only to reopen if they consider their work essential, if their business is listed in the relevant phase, and they are confident that the workforce can practice social distancing and comply with health and safety standards.
In phase 1, which started on 29 May, outdoor workplaces, including horticulture, landscaping and garden centres, forestry and environmental management, were allowed to resume work.
In phase 2, from 22 June, the construction sector can implement remaining phases of sectoral plan to resume work. From 29 June, factories, warehouses, labs, and research facilities can resume work.
Where it is not possible to work from home “employers must comply with a physical distancing duty, which means all reasonable measures must be taken to ensure a 2-metre distance is maintained between people while working”.
- Northern Ireland
You may not leave your home to go to work unless it is not ‘reasonably possible’ to do so from home. Workplaces not required to close can continue to operate but must follow social distancing and workplace safety guidance. The Department for the Economy has published a list of priority business sectors which should be supported to reopen.5
Counselling and therapy services are not listed among the businesses that must remain closed, although a previous exception for “…other medical or health services, including services relating to mental health” no longer appears in the Government guidance. Use the guidance finder for help with reopening your business safely during coronavirus. Ultimately the decision whether to return to face to face work lies with the practitioner and must take into consideration guidance and personal circumstances.
Practitioners and businesses that want to return to providing face to face provision have a legal responsibility to protect their employees and other people on site, including carrying out a risk assessment and making sensible adjustments to the physical work environment and workforce. If you do not carry out a risk assessment, the Health and Safety Executive (HSE) or your local council can issue an enforcement notice.
Working face to face appears possible under the exceptions outlined above – however it is for businesses and individuals to interpret and apply the guidance as they see fit. It's important to consider that significant planning may be required to move to a new model of operating with the challenges of COVID-19. As in England, it is the responsibility of employers and self-employed persons to apply a risk-based approach and apply the precautions necessary (for example social distancing) to comply fully with public health advice.
The next set of changes which had already been announced by First Minister Nicola Sturgeon take effect from Monday 29 June, when some indoor workplaces that have so far remained closed in line with government guidance, such as factories, labs and warehouses, can start to reopen, with strict physical distancing and hygiene measures in place. Health is listed as one of several Critical National Infrastructure (CNI) sectors, but mental health services, including counselling, are not among the exceptions nor would they be considered essential services.
It's more likely that face to face work could restart during Phase 3, when non-essential indoor office workplaces can open once relevant guidance is agreed and conditions are being met, such as risk assessments having been undertaken. Phase 3 is likely to commence roll out in early July, though it is advised that updates are being made regularly.
Working face to face appears possible under the guidance outlines above. However, it is for businesses and individuals to ensure that they are complying with any relevant legal duties and to interpret and apply the guidance as they see fit. As in England, it's the responsibility of employers and the self-employed to apply a risk-based approach and implement the precautions necessary to comply fully with public health advice.
Disclaimer: The materials in this guidance are provided for general information purposes and do not constitute legal or other professional advice. While the information is considered to be true and correct at the date of publication, changes in circumstances may impact the accuracy and validity of the information. BACP is not responsible for any errors or omissions, or for any action or decision taken as a result of using the guidance. You should consult a professional adviser for legal or other advice where appropriate.