So what SHOULD you do if you’ve got Covid?

So what SHOULD you do if you’ve got Covid? Firms try to get staff back to the office full time as self isolation rules are dropped – but lawyers warn sickness policies may have to be torn up and started again

Boris Johnson has vowed to scrap the legal duty to self-isolate if a person tests positive later this monthRichard Fox, an employment partner at Kingsley Napley, said staff who had Covid could still stay at home  Bosses warned it could prove harder them to compel people to return to offices than they suspect Legal experts added that companies could find themselves at tribunal if they sack non-compliant staff 

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Employers were today warned by HR experts and lawyers that they face financial penalties and a morass of legal issues if they try to force Covid-positive workers to come into the office once all remaining restrictions end.   

End of self-isolation rules Q&A: Can companies force staff in even if they have Covid, and what can I do if I want to stay WFH?

Richard Fox is an employment partner at Kingsley Napley

If I get Covid can my boss force me into the office? 

This could raise an issue under health and safety at work legislation. Employers are responsible for the health and safety of all their employees, and if they force someone to come and they or other staff suffer they could be liable. Employers can give ”lawful and reasonable” instructions to their employees, but I would question whether this would be a lawful and reasonable reason. I suspect there will be some difficult situations to come. It’s a big jump to say that people can come in whether hitherto it has been unlawful to do this. 

Will I need to provide a doctor’s note?

The employer cannot force you back in if you’re unwell. But if someone doesn’t come in they can require within a certain number of days that the person gets a certificate from a GP saying whether they are fit to come into work. And the employer can also require the staff member to be seen to judge whether they are fit to return to work.

What are my options if I want to stay working from home? 

You have the right to request flexible working, but you don’t have the right to work flexibly – there’s a crucial difference there. So if you request to continue working from home, there’s a regimen the employer must go through with a corresponding timescale. But you’d expect there to be dialogue in most workplaces. The issue that employers need to be careful about is whether they are being discriminatory in how they apply the policy. So if an employee is vulnerable and has been working successfully for the last few years, the employer would need to tread carefully.    

What is the significance of self-isolation rules being axed?

This is undoubtedly a big moment for employers. When the Government scraps COVID isolation rules, it means employers can no longer rely on Government regulation to provide the groundwork for a system of protection for their workers.

Earlier than expected it seems employers are going to need to set the rules for themselves. It may be prudent for these to cover new more potent strains of COVID-19 that may come along or even other infections besides COVID-19.

What will businesses have to do now? 

If they do not have appropriate policies already in place, employers may want to consider introducing ‘infection policies’ to set rules and standards for the entire organisation so everyone is clear. For a building contractor the rules may be different to a care home; office-based workplaces may have different rules and needs to a retailer. 

It may not be wise to leave it to individual managers to take a view on isolation and vaccine requirements for members of their own departments, as that could lead to legal risk for the employer.

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Boris Johnson has revealed his intention to scrap the legal duty to self-isolate if a person tests positive for the virus later this month as he fights for his political life amid the drama of the ‘Partygate‘ scandal. 

But the confusing workplace guidance left employers wondering how they would navigate the new era and HR bosses questioning if their firms could be sued should employees start blaming them for contracting Covid. 

More rigorous risk assessments could soon be necessary for the workplace to ensure clinically vulnerable staff are protected and can’t sue their employer for negligence or malpractice.

And any employer who takes disciplinary action or dismisses an employee refusing to come into work, despite not being ill nor clinically vulnerable, could face sanctions themselves in what’s likely to become a legal minefield for HR chiefs in the coming months. 

Although the situation remains unclear at present, several leading employment and HR experts have spoken to MailOnline to reveal the litany of issues companies could face upon the mass return to offices.

Richard Fox, an employment partner at Kingsley Napley, said employers should stop colleagues from coming into the office if they are positive, in order to protect not only other staff, but themselves from possible legal action.

While employees can still work from home if they have Covid, bosses can now demand proof of a doctor’s note or a positive test. 

‘Employers are responsible for the health and safety of all their employees, and if they force someone to come and they or other staff suffer they could be liable,’ Mr Fox told MailOnline. 

‘The employer cannot force you back in if you’re unwell. But if someone doesn’t come in they can require within a certain number of days that the person gets a certificate from a GP saying whether they are fit to come into work.’ 

Today, several small companies revealed their plans for all staff to return to the office.

Ministers have repeatedly spoken of their plans to live with Covid like flu, with both viruses now thought to carry similar death rates thanks to Britain’s hugely successful vaccination drive, sky-high natural immunity levels and the milder nature of Omicron.

Proponents of the change in tactics — who have repeatedly demanded the Government stops relying on blanket lockdown-style rules and move on from the acute phase of the pandemic — will inevitably hail the scrapping of self-isolation rules as being the final step on the road back to normality.

No-one who catches flu is legally required to isolate, even though the virus can kill up to 300 people a day and up to 20,000 over the course of a bad winter.

Health chiefs also don’t embark on a multi-billion pound mass-testing programme to flush out the virus every year. Up to three-quarters of people who catch flu don’t develop a cough, fever or any other symptoms, which mirror the tell-tale signs of Covid. 

Lee Marples, Founder and Strategic Director at digital marketing agency Think3, told MailOnline his firm had ‘constantly banged the drum’ for the benefits of working together, adding: ‘Once the restrictions are fully removed, we’ll continue to support our staff with working from the office.’

He added that anyone who tested positive for Covid or felt unwell would be given time to recover, with ‘no need to send us test results’. 

Anthea Morris, Finance Director at medical testing firm Better2Know, said the company was bringing everyone back to the office on February 28. 

‘Our whole team has been great at working from home and providing a fantastic service, but now is the time to start the new-normal and grow and develop in new ways, which we know are best done together,’ she said. 

Other small firms said they would continue with hybrid working, with every one polled by MailOnline insisting they would not ask staff to provide proof of a positive test to be able to self-isolate at home. 

Meanwhile, a JP Morgan source said the bank would be continuing with hybrid working but would ‘expect people to be in the office every week for at last some of the time’. 

The source added: Our sick leave policy has remained unchanged throughout the pandemic – if you need time off because you are unwell, you are entitled to it within reason. But we are not mandating people give evidence of positive tests.’  

Boris Johnson has revealed his intention to scrap the legal duty to self-isolate if a person tests positive for the virus later this month as he fights for his political life amid the drama of the ‘Partygate’ scandal

Financial adviser Scott Gallacher plans to get his staff in on a hybrid basis, while Anthea Morris, Finance Director at medical testing firm Better2Know, said the company was bringing everyone back to the office on February 28

Lee Chambers, from Essentialise Workplace Wellbeing, is offering his staff a hybrid model, while Lee Marples, founder of marketing agency Think3, said his firm had ‘constantly banged the drum’ about the benefits of returning to the office 

Legal experts have said that companies already have a longstanding duty of care to protect the health of their staff irrespective of Covid – and that the burden of safety has only grown in the past two years following outbreaks of new virus variants.

It is possible that businesses could be dragged to employment tribunal if an outbreak in the workplace leads to serious illness or the death of a friend or relative known to the complainant. And bosses who choose to sack non-compliant staff could find themselves on the end of an unfair dismissal claim even post-pandemic, experts added. 

And in one of the first examples of its kind, an employment tribunal has held that an employee was unfairly dismissed for refusing to return to the workplace during the pandemic. 

Nick Quelch a financial servicers worker at Courtiers Support Services Ltd, had refused to return to the firm’s Henley office after previously agreeing to work from home because his girlfriend was defined as ‘extremely medically vulnerable’.

But when employees were told to return to the office from July 2020, Mr Quelch said he was ‘extremely anxious’ about the decision but was told there could be no exception made for him. Bosses said he could take annual or sick leave, or face disciplinary action if he refused to return.

The employment tribunal ruled that Mr Quelch had been ‘unfairly dismissed’ because he found himself in circumstances of danger which he ‘reasonably believed to be serious and imminent’ contrary to section 100(1)(d) and (e) of the Employment Rights Act 1996. He will now be paid out more than £14,000 in compensation.

Kathryn Evans, partner and head of employment at leading law firm Trethowans, said: ‘Fundamentally, a person’s place of work is governed by their employment contract. If an employee was stationed in the employer’s premises pre-Covid, then it is likely that their employer could require them to return to those premises. However, employers must tread carefully. 

‘Employees are protected by law if they refuse to return to a place off work that they reasonably believe presents a serious and imminent danger to them. The bottom line is that if an employee is penalised for not returning for these reasons, then their employer could be on the end of an unfair dismissal and/or a detriment claim. As a result, it would be foolish for employers to take a ‘one size fits all’ approach to reluctant returners.’

She added: ‘There are two key actions that employers should take. Firstly, they must prepare for the return of their workers by following government guidance specific to their business type, carry out the Covid risk assessments and implement necessary safety measures.

‘Secondly, and very importantly, they need to talk to their employees. Don’t take the approach that the employee will make up any reason not to come back to work.’ 

The current self-isolation regulations expire on March 24 but Mr Johnson told MPs at Prime Minister’s Questions that ‘provided the current encouraging trends in the data continue, it is my expectation that we will be able to end the last domestic restrictions — including the legal requirement to self-isolate if you test positive — a full month early’. 

Today, small businesses told MailOnline of their plans for the coming months.  

Kieran Boyle, Managing Director at CKB Recruitment Ltd, said: ‘We are sticking with a hybrid working model regardless of restrictions here.

‘Once the legal requirement to self-isolate ends, I will also still be letting staff work from home if they return a positive test, to keep others safe. Lastly, we would not ask for proof of a Covid test, as we actually trust our staff. Imagine that!’

Toby Watfa, Director at Health Travel, said: ‘We’ve learned that presenteeism does not lead to greater productivity and that remaining flexible is key.

‘Despite the upcoming removal of COVID restrictions, we will encourage employees to work from home or take sick leave if they are experiencing viral symptoms.’

Lee Chambers, founder of Essentialise Workplace Wellbeing, said: ‘We will continue with the hybrid working pattern we have implemented, which has certain times where we bring everyone together physically.

‘If one of the team has Covid, they will need to work from home, but only if they are well enough to work.

‘We won’t be asking for proof of tests as we treat our employees as adults and we trust them in the way that they trust us.’

Scott Gallacher, Director at Rowley Turton, said: ‘We will continue offering WFH for those staff that prefer that option.

‘In fact, I think it will be difficult, especially given the current labour shortages, for businesses to insist on all staff returning to the office. WFH actually offers us a big advantage in terms of dealing with Covid as staff with mild Covid symptoms could continue working from home.’

Kate Underwood, who runs her own HR and training consultancy businesses, warned vulnerable staff will require extra support for their return to the office.

She told MailOnline: ‘Businesses need to ensure that any vulnerable staff going back to work have the support they need by getting occupational health advice. 

‘It’s imperative to evaluate what you need to do as a business and make your own mind up about what is safe based on feedback from your staff. Talk to your team and find out their views on what they are comfortable with alongside the business needs and make decisions based on that – getting buy in will make any changes easier.

‘Long COVID is very real and can be classed as a protected characteristic so employers need to ensure they are doing the right thing.’  

And Katie Cave, director at Clearpoint Finance, added: ‘As with other types of sickness, employees can work from home if they want to or choose to take time out to get better as I want them to feel able to prioritise their wellbeing as well as success at work without having to justify themselves. I won’t be asking anyone to prove a positive test result.’     

With millions of people used to WFH, industry leaders warned that it could prove harder for bosses to compel people to return to their offices than they suspect. Left, Kathryn Evans, Partner & Head of Employment at leading law firm Trethowans. Right, James Tamm, director of legal services at employment law and HR support firm WorkNest

Left, Sean Keyes, managing director of civil & structural engineering Sutcliffe. Right, Lee Biggins, CEO of CV-Library

Speaking to MPs in the Commons this afternoon, the Prime Minister revealed his intention to scrap the legal duty to self-isolate if a person tests positive for the virus later this month as he fights for his political life amid the drama of the ‘Partygate’ scandal. The Tory leader said he will present his plan for ‘living with Covid’ when Parliament returns from a short recess on February 21, with an aim of lifting the requirement to self-isolate within days of that

What are the current Covid rules in England? And how could they change this month?  

Current Covid restrictions are due to expire in England on March 24. But Boris Johnson has now told MPs that the remaining domestic rules would end a month early ‘provided the current encouraging trends in the data continue’.

This would remove the requirement for people to self-isolate if they have Covid symptoms or test positive.

He said that the Government would outline its new strategy when parliament returns from recess on 21 February, and would expect to lift the rules later that week.

The few measures left in England include:

People who develop Covid symptoms or test positive must self-isolate for 10 days (or five full days following two negative lateral flow test results);Venues can choose to ask people to show an NHS Covid Pass;Face masks are still required in health and care settings, including hospitals, GP surgeries and pharmacies;Some shops have asked customers to keep wearing face coverings and they are required on public transport in London;Local authorities can recommend face masks in the communal areas of schools;Guidance to work from home has ended, and care homes no longer have any limit on visitor numbers.

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The Prime Minister said he will present his plan for ‘living with Covid’ when Parliament returns from a short recess on February 21, with an aim of lifting the requirement to self-isolate within days of that. 

MPs on the Tory right praised the announcement, but scientists and campaigners raised fears about the impact the change could have on clinically vulnerable groups. 

A CBI spokesperson said: ‘If the Government goes ahead and lifts all Covid restrictions in England, that will be a symbolic moment as we move away from crisis mode to learning to live with the virus.

‘Maintaining confidence is key, so firms are likely to continue extra measures to protect their staff and customers, as they have done since the outset of the pandemic. And keeping Covid infrastructure in place, like free mass rapid testing and access to vaccines, will still remain essential.

‘All indications are that hybrid working is here to stay, but every business will be different. Firms that can are already seeking a balanced approach to home and office working.

‘But there are also clear benefits to being in the office for staff, and trade in our city centres for some sectors has taken a heavy toll.’

James Tamm, director of legal services at employment law and HR support firm WorkNest, said that bosses need to do what they can to provide remote working options.

‘Given the growing popularity of hybrid work, SMEs must have policies and manager training in place to ensure staff receive the same support and opportunities as their office-based colleagues and mitigate the risk of unfair treatment of workers,’ he said.

‘Failing to do so is likely to spark grievances, which could quickly escalate, leading to time-related costs, reputational damage and — in worst-case scenarios — even expensive Tribunal claims. Small businesses mustn’t duck the issue.

‘For larger businesses, this will be more of a ‘review and refresh’ exercise. A failure to do so may not only lead to disenchantment and demotivation but could, in some cases, lead to claims for discrimination if employees believe that their career is being negatively impacted due, for example, to caring responsibilities. It should not be a case of out of sight, out of mind.’

Lee Biggins, founder and CEO of CV-Library, told MailOnline: ‘The combination of confidence slowly building in the UK economy and the pandemic triggering people to re-assess their lives and search for more happiness and flexibility, has created a perfect storm in the job market.

‘This won’t change with restrictions being lifted and these desires, along with new patterns of working, are now established. If employers want to prevent increased staff turnover and attract new starters, offering top salaries has always been the obvious choice but the option of remote working opportunities is increasingly topping the wish list of UK professionals.

Why you CAN’T refuse to go to work if you are afraid of catching Covid: Staff wary of the virus cannot use it as a reason to stay away from the office, employment tribunal rules 

Staff cannot use a fear of catching Covid as a reason not to go back to the office, an employment tribunal has ruled.

This is because worries of getting infected with the virus and spreading it are not a legally protected philosophical belief.

A complaint of unlawful discrimination due to this fear was brought against an unnamed employer at a tribunal in Manchester.

But Judge Mark Leach ruled that health and safety concerns do not qualify under equality legislation as a belief, meaning the employer could withhold their pay.

While the judgment does not set a wider legal precedent, it will give employers confidence if they are considering deducting pay or sacking staff who refuse to return to the office when the current work from home advice is relaxed.

An anonymous woman brought the alleged unlawful discrimination claim against her employer after she decided not to return to work on health and safety grounds in July last year.

A stay-at-home order was first introduced in March last year and many switched to working from their houses unless it was impossible to do so.

After the first lockdown was lifted, many employers encouraged staff back to the office in the summer.

In a statement to the tribunal, the woman said she had ‘reasonable and justifiable health and safety concerns about the workplace surrounding Covid-19’ and the risk posed to her was ‘serious and imminent’.

The woman said she had a ‘genuine fear’ of falling ill from the virus – and particularly of passing it on to her partner who she said was ‘at high risk of getting seriously unwell’.

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‘Continuing with hybrid working patterns, where possible, looks to be the smartest move businesses can make going forward.’

Tech company Juro, a legal contract automation platform, are now starting to return to the office but encouraging a hybrid model.

Alan Price, CEO at Manchester-based HR software firm BrightHR, said: ‘The removal of self-isolation rules may cause unease amongst employees who are already concerned about the potential risk of transmission in the workplace or during their commute.

‘As such, employers should undertake a Covid risk assessment and ensure they continue to have safety measures in place to protect all staff members, customers and members of the public. This might involve one-way systems, mask wearing and sanitising stations — although these are no longer mandated by law, companies can choose to keep them in place as part of their health and safety policy. This can help reduce hesitancy amongst employees who are worried about Covid and wish to continue working from home.

‘The onset of the Covid pandemic has seen a shift in employees’ priorities. Many are focusing on creating an effective work-life balance and expect their employment benefits packages to reflect this. As such, organisations which fall short of offering flexible working arrangements, including remote or hybrid working, risk losing key workers.

‘Pay and bonuses will always be a basic motivator for employees, but this is no longer sufficient at attracting and retaining staff on its own. Instead, reasonable remuneration packages must work in tandem with additional flexibility programmes, meaning it is likely to be around for years to come.’

Andrew Mawson, of global consultancy firm Advanced Workplace Associates, told MailOnline: ‘The post Covid-19 world of work needs a new psychological contract between employers and employees that recognises the unique needs of people at different stages in their lives.

‘Ultimately, the creation of new ‘working together agreements’ will need to be agreed by leaders and teams, nailing down the details of how they will work together in the new world of flexible, hybrid working.

‘Managers also often cannot see the ‘invisible’ stresses remote workers face, so they are less able to adapt to them. Workplace stress was already on the increase pre-pandemic — add in increased digital working from home and it may be that managers of remote workers can only see the tip of the iceberg among the multiple demands on an employee’s mental capacity.’

Sean Keyes, managing director of civil & structural engineering Sutcliffe, who have around 50 office staff, said: ‘In terms of the rules changing, the majority of businesses are very happy about this and I’m sure the news has brought a huge smile to the faces of many, especially for those working within the leisure, hospitality and retail sectors.

‘For the construction sector, we have managed to keep busy throughout the pandemic and the dropping of restrictions won’t make too much difference on site, but most importantly for us, we can now welcome back all of our staff members into the office and this’ll be amazing for socialising and morale and will have a real positive effect on mental health.

‘At Sutcliffe, we have had a flexible approach to work since March 2020 and in my eyes it is very much about getting the work completed and out of the door — no matter whether work is done from home, the office or on site.’

He added: ‘I have found that the younger members of our team work better from the office as they can shadow the senior members of staff, but I believe even in a post-pandemic world, working from home is here to stay now and I am all for it.

‘I’ve not seen or heard that any business owners are insistent on staff returning to the office full-time either, and I even know of some businesses that haven’t renewed their current leases to further promote working from home.

‘We are all looking forward to restrictions being lifted for good and I hope that this return to face-to-face work brings a much needed boost to employment and the economy across the board.’

The move came as Mr Johnson sought to bolster support within the Tory party after a bruising period for his leadership. 

Graph shows: How Britain’s average Covid cases, deaths and hospital patients on ventilators have changed

Covid deaths for England and Wales by week and date reported. The above figures show the number of deaths within 28 days of a positive test (blue) are now 40 per cent higher than the number of deaths actually triggered by Covid (green bar). The number of Covid deaths where the virus is mentioned on the death certificate (red) is also shown

Covid deaths within 28 days of a positive test (blue) and by mentions on death certificates (red) initially tracked each other closely in England. But in recent weeks the two have now diverged significantly. The data is by date of occurrence

Will international travel rules also be axed next month?  

Remaining rules governing foreign travels could also be lifted next month, Downing Street suggested this afternoon.

From Friday fully-jabbed Britons will no longer have to take an LFT two days after getting back from their holiday, in a change introduced to help half-term breaks.

Grant Shapps used a Commons statement last month to also confirm vaccinated children aged 12-15 would be able to access digital Covid passports from February 3.  

Rules for arrivals who don;t have all their jabs were also eased so they no longer had to isolate.

This setup is due to be reviewed on March 25, but a spokesman for the PM left the door open for them to be swept away earlier, along with things like passenger locator forms that have to be filled out at airports. 

‘The living with Covid strategy will address the future of the Coronavirus Act 2020, which is due for review by March 25, 2022,’ the Prime Minister’s official spokesman told reporters.

‘That covers the remaining non-domestic regulations on international travel, so that’s things like the passenger locator forms and tests for the unvaccinated.’

Asked if those rules would remain in place until the end of March, the spokesman said ‘we will obviously make a decision when we get to that stage’.

However, unjabbed Brits should probably not make plans too early. 

Transport Secretary Grant Shapps has previously warned that many foreign countries popular with UK tourists are likely to require some form of proof of vaccination on entry, at least for the coming summer season.

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Former minister Lord Frost, who highlighted coronavirus restrictions as one of his reasons for quitting in December, said the move was ‘extremely welcome’ and added ‘I hope the Government will also make clear we will not go down the road of coercive lockdowns ever again’.

Tory MP Steve Baker, deputy chairman of the Covid Recovery Group, said: ‘I welcome this announcement but we are not out of the woods until the Public Health Act has been reformed, we have new rules for better modelling, competitive, multi-disciplinary expert advice and wellbeing-based cost-benefit analysis covering the costs of lockdowns and restrictions.’

Health Secretary Sajid Javid said: ‘We are the freest country in Europe thanks to the strong defences we have built. We’re learning to live with Covid.’

The move will see Covid-19 treated in a similar way to other infectious diseases such as flu, with people encouraged to stay at home if they were ill.

The Prime Minister’s official spokesman said: ‘We would never recommend anyone goes to work when they have an infectious disease.’

The prospect of the removal of the remaining restrictions, which also include the ability for councils to order the closure of premises where the virus could be spreading, has caused unease for some of those most at risk from the disease.

Phillip Anderson, head of policy at the MS Society, said ending the restrictions will ‘heap yet more worry and confusion on thousands of immunocompromised people’. James Taylor from disability equality charity Scope, said: ‘Scrapping self-isolation will mean that some disabled people will be feeling very anxious and could potentially be placed in situations that could prove deadly.’

The Government’s plan is expected to set out further information for vulnerable groups but officials also believe ‘cutting edge treatments’ will also mitigate some of the risks.

Paul Hunter, professor of medicine at the University of East Anglia, said while there were grounds for optimism in the overall data on deaths and hospital admissions, he had concerns about the vulnerable and people who may not have responded as well to the vaccines.

Dr Simon Clarke, associate professor in cellular microbiology at the University of Reading said: ‘If the requirement on infected individuals to isolate at home is lifted as indicated, it will be an experiment which will either be shown to be very brave or very stupid, but nobody knows for sure what the result will be.’

Professor Peter Openshaw, who advises the Government on Covid through the New and Emerging Respiratory Virus Threats Advisory Group, said he would be ‘very reluctant’ to suggest this was the end of Covid, adding it was ‘still a very nasty virus’.

Figures published on Wednesday show Covid-19 infection levels have risen in three of the four UK nations, with only Wales showing a fall.

Scotland and Northern Ireland both saw an increase last week in the number of people in private households likely to have coronavirus, according to the Office for National Statistics (ONS). England also saw a rise, though the trend here is ‘uncertain’, the ONS added.

The figures show there is still a high prevalence of the virus across the country, with infections remaining well above pre-Christmas levels.

Around one in 19 people in private households in England had Covid-19 in the week to February 5, or 2.8 million people, up from one in 20, or 2.6 million people, in the week to January 29.

The struggle to drag Britons ‘back to normal’: Unions and scientists claim Boris is moving ‘too far, too soon’ as he reveals ALL Covid rules will be gone in a fortnight – as poll shows 75% of public want to carry on isolating and half want curbs FOREVER

By Emily Craig, Health Reporter for MailOnline  

Unions are already digging their heels in after Boris Johnson revealed he intends to ditch all remaining Covid laws within a fortnight as a poll revealed that three in four workers ground down by almost two years of lockdowns and restrictions want to continue with self-isolation.

Unison, Britain’s largest union serving more than 1.3million members from swathes of the public sector, has accused the Prime Minister of going ‘too far, too soon’, insisting that the virus ‘hasn’t disappeared’ — despite a raft of data suggesting the worst is now over. 

SAGE scientists have also warned of the ‘dangers’ of the PM’s plan to make England the first country in the world to scrap all Covid rules, after it emerged Mr Johnson had not discussed it with the committee which is now infamous for its gloomy predictions about the pandemic.

And business leaders desperate to get staff back into largely-empty offices costing them a fortune admit they are struggling to compel people to return because workers are now so used to working from home. 

This has been compounded by a new YouGov poll of nearly 4,500 Britons that shows three-quarters of people believe the self-isolation requirement after a positive Covid test should remain in place. Half of people questioned admitted they want the legal requirement to stay in place forever.  

Christina McAnea, general secretary of the public sector union UNISON, said: ‘Everybody wants to get back to normal, but Covid risks haven’t disappeared. ​This is going too far, ​way too soon. Infections are still rife in schools​. Large numbers of pupils ​and staff are off​. Allowing ​a ​premature return could lead to a further jump in infections and disrupt learning for thousands more ​children and young people.’ 

The resistance comes despite Covid infections falling consistently, with even the gloomiest surveillance study now accepting that the country’s outbreak has peaked — mirroring the official numbers.

The milder nature of Omicron, coupled with sky-high immunity, mean the NHS never came under the levels of pressure that No10’s experts feared would happen, with hospitalisations and deaths both now in freefall.

The Prime Minister yesterday dramatically declared the final domestic restrictions – including compulsory self-isolation for the infected – will be axed before the end of February, provided the ‘encouraging’ trends in the data continue.

The announcement annoyed the devolved governments in Scotland and Wales – with Nicola Sturgeon’s administration calling it a publicity stunt to divert from the Partygate scandal that has left the PM fighting for his job.

The First Minister did this afternoon pledge to ditch face masks in Scotland’s classrooms from February 28 — keeping them in communal areas — but says she will wait for expert advice before following Boris’s lead on any other rules.

The Scottish Government is unlikely to go as far as dropping all rules when it publishes its strategy for living with Covid in the months ahead on February 22. The plans will be debated by MSPs, meaning any changes could be several weeks behind England. The Scottish Government is even set to extend its Covid powers until September 24.

Boris Johnson’s ministers have repeatedly spoken of their plans to live with Covid like flu, and the ditching of self-isolation rules will likely be hailed as being the final step on the road to normality. Up to three-quarters of people who catch flu don’t show any symptoms yet they are not legally required to isolate, nor is there any mass-testing programmes to spot the virus, which can kill up to 300 people a day in bad winters.  

But the statement from the embattled PM yesterday – greeted with roars by Tory MPs in the Commons – was labelled as an ‘attempt to distract’ from the partygate scandal. 

Scottish Health Secretary Humza Yousaf said it ‘wasn’t a thought-out policy backed up by public health expert advice’, adding: ‘It was a dead cat thrown on the despatch box of the House of Commons in order to distract and deflect.’

Epidemiologist Professor Tim Spector warned relaxing Covid curbs is a ‘political type of statement rather than a scientific one’, and said it was ‘totally the wrong’ way to show Britain has beaten Covid. Asked whether Mr Johnson’s statement was irresponsible, he said: ‘I think it is.’ 

Professor Devi Sridhar, a public health expert based at Edinburgh University, argued plans to revoke the rules is clearly intended to ‘create headlines’ and ‘distract from the problems that the PM is facing which is that he seems to have broken lockdown rules’.

And Professor John Edmunds, an influential member on No10’s SAGE panel, warned of the ‘dangers’ to the plan. He also admitted the advisory body, which has drawn flak for gloomy models throughout the pandemic, ‘have not discussed’ the move.  

With millions of people used to WFH, industry leaders have warned that it could prove harder for bosses to compel people to return to their offices than they suspect.  

Legal experts say firms already have a longstanding duty of care to protect the health of their staff irrespective of Covid and warn it is possible businesses could be dragged to employment tribunal if an outbreak in the workplace leads to serious illness or the death of a friend or relative known to the complainant. 

Unions have moaned about the PM’s bid to return the country to complete normality, but Tory MPs and business leaders fear a failure to act and get the country back at their desks would be disastrous for the economy, and particularly city centres.

It also emerged today: 

The requirement for children and teachers in secondary schools in Scotland to wear face coverings in class is being scrapped from the end of this month, Nicola Sturgeon announced; A health minister is facing calls to resign after continuing with a meeting with bereaved parents despite being informed she had tested positive; A new photograph has emerged of Mr Johnson hosting a Downing Street quiz via zoom during lockdown, with a bottle of bubbly visible;There are signs that Brits are becoming increasingly confident the pandemic is ending with holiday companies reporting a spike in bookings;  Keir Starmer tackled the PM over fraud and energy bills but ignored the raging row over Mr Johnson’s Jimmy Savile ‘slur’ from last week. 

Professor John Edmunds (left) said SAGE, No10’s scientific advisers, ‘haven’t discussed’ ending quarantine and there are ‘of course dangers’ to the Prime Minister’s plan. He told ITV’s Peston: ‘This restriction is the last one and quite rightly so. ‘If you think about what it does, it targets those who are actually infectious with the virus and asks them to stay at home.’ Meanwhile, epidemiologist Professor Tim Spector (right) warned relaxing Covid curbs is a ‘political type of statement rather than a scientific one’

A YouGov poll of nearly 5,000 Britons shows 75 per cent of people believe the self-isolation requirement should be in place for at least the next few months

King College London scientists estimate there were 203,973 new daily symptomatic cases in the week ending February 7, up 4.5 per cent on the 195,068 recorded last week

Graph shows: How Britain’s average Covid cases, deaths and hospital patients on ventilators have changed over the course of the pandemic

Worst of Covid IS over: Experts finally agree UK’s outbreak has peaked after weeks of confusion over true situation as calls mount for Boris to follow Sweden and ditch mass testing 

Britain’s Covid outbreak may have peaked again following a blip which left experts believing cases were ticking upwards, a surveillance study claimed today. 

King College London researchers say 200,000 people were falling ill with the virus every day in the week ending February 7, up just 4.5 per cent on their estimate last week. But the team now believe the trend is finally heading downwards. 

Professor Tim Spector, lead author, warned the figure is ‘far too high’ but insisted it is ‘reassuring to see signs of rates slowing’.

The study’s estimates — from a symptom-tracking app — differ from the Government’s daily statistics, with the official Covid dashboard suggesting infections have been plummeting for weeks and are now at levels similar to before Christmas.

But the King’s researchers, working in tandem with health-tech firm ZOE, are not alone in warning of a blip after previously declaring the outbreak to have peaked in mid-January. 

Analysts at the Office for National Statistics, behind the country’s gold-standard testing project, also detected an uptick in infections over the past fortnight. The team admit the trend is ‘uncertain’, however, leaving the current situation mired in confusion.   

It comes after Boris Johnson yesterday declared he intends to ditch all remaining Covid requirements in England in a fortnight — with calls mounting for the country to follow Sweden’s lead by ditching free mass asymptomatic testing as well.

The embattled Prime Minister dramatically declared the final domestic restrictions — including compulsory self-isolation for the infected — will be axed provided the ‘encouraging’ trends in the data continue.

Professor Sunetra Gupta, an epidemiologist at the University of Oxford, said No10 has ‘got itself into a terrible mess on mass testing’ and must end the programme to prevent non-contagious people from choosing to isolate if they test positive. 

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Current restrictions have left tens of thousands of Britons off work every day, with 80 per cent of the 70,000 people testing positive daily sticking to the rules that orders them to isolate for at least five days. 

The rules caused one in 11 teachers to be off school due to the virus last week.

But scientists and unions have criticised plans to end all restrictions, including requirements for infected people to self-isolate, the public to wear masks in medical settings and hospitality venues able to ask for Covid passes.

Asked on ITV’s Peston last night whether SAGE has examined the move, Professor Edmunds said: ‘We haven’t discussed it there.

‘Of course he [Mr Johnson] gets scientific advice from elsewhere as well. The UKHSA [UK Health Security Agency] and others. So he may have had other scientific advice but not that I’m aware of.’

On whether there are dangers to Mr Johnson’s plans, Professor Edmunds added: ‘Yes of course there are dangers. There are dangers when you lift any restriction.

‘This restriction is the last one and quite rightly so. If you think about what it does, it targets those who are actually infectious with the virus and asks them to stay at home.’ 

Professor Spector, who runs the Zoe app Covid study at King’s College London, said relaxing coronavirus rules is a political statement intended to show that Britain is the first country moving out of the pandemic.

He told Times Radio this morning: ‘I think we have to really look at this in the context, both of politics and science, and also what’s happening, because there is some rationale to this and other countries are doing things similar.

‘But it’s clearly a race for the Government to say that Britain is first, Britain is the first to come out of this, Britain has conquered Omicron, our booster programme is world beating etc, etc.

‘But I think what they’re relying on is data that is highly disputed scientifically that, really, the UK has come out of this faster and better than anyone else.’

He noted that Covid hospitalisations and deaths are down but the data from the Office for National Statistics the Zoe study show the UK is still at more than 200,000 cases a day ‘and we’re still close to where we were on January 1 and that peak we had’.

Professor Spector added: ‘It’s definitely not over – your risk of getting it is huge – and to suddenly give the wrong message… by saying ‘We’re getting rid of all restrictions, if you’ve got an infection don’t bother isolating’, which is sort of implied but not said, that is totally wrong.

‘So, other countries might be doing this, but they have a much stronger public health message and a much better-educated public about the pandemic which we lack here in this country.’

Professor Tim Spector said other countries will stick with four or five days of isolation.

‘They won’t be saying to everyone ‘Don’t bother, just go and infect your workmates’, which seems crazy,’ he said.

Asked if Mr Johnson’s announcement was ‘an act of irresponsibility’, he said: ‘I think it is… giving the impression that Britain, that the UK, has beaten Covid, I think it’s totally the wrong way to do it.’

Professor Sridhar, chair of global public health at Edinburgh University, told Sky News that Mr Johnson’s plans won’t be ‘a welcome surprise to most people’.

She said England has a ‘great’ testing system and people can end their quarantine after five days in most cases, while most other restrictions have come to an end due to vaccines and Covid medicines.

Professor Sridhar said: ‘If you look at the timing, I mean it’s really clearly to create headlines today and distract from the problems that the Prime Minister is facing which is that he seems to have broken lockdown rules, which many other people had to face accountability and had to face consequences for.’

She added: ‘We’re now having a shifting of the dialogue towards discussing the end of the pandemic, because there’s a need to create a diversion instead of looking at that issue and saying the scientific evidence isn’t there right now to completely release isolation whose actively infectious.’

Now police weigh up Wallpapergate: Met considers probing £112,000 No10 flat revamp

Boris Johnson could be investigated by police over the funding of the £112,000 refurbishment of his official Downing Street flat following a complaint by lawyers acting for the Labour Party.

In a letter to Scotland Yard, the solicitors said there was a ‘reasonable suspicion’ that the Prime Minister had broken anti-bribery laws which the force was ‘duty-bound’ to investigate.

The Metropolitan Police confirmed they had received the letter which was being considered by officers from its Central Specialist Crime Command.

Downing Street denied the allegations.

The complaint adds to the bad news received by the Prime Minister on Wednesday, after it emerged he is expected to be among more than 50 people to be quizzed by Scotland Yard for allegedly taking part in suspected lockdown-busting parties in Downing Street and Whitehall during the pandemic this week.

It also emerged police are reviewing whether a Christmas quiz at No10 may have breached virus restrictions after a picture emerged showing Mr Johnson and colleagues near an open bottle of sparkling wine.

Labour’s complaint follows the release last month of an exchange of WhatsApp messages between the Prime Minister and Tory donor Lord Brownlow.

They show that Mr Johnson discussed a proposal by the peer for a ‘Great Exhibition 2.0’ at the same time as requesting his help with the £112,000 revamp of his official residence.

Ministerial records show that two months later, Lord Brownlow attended a meeting with the then culture secretary Oliver Dowden to discuss the exhibition plan.

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A YouGov poll suggests the majority of Britons are against the Prime Minister’s plans and believe infected Britons should be forced to isolate.

The data firm quizzed 4,451 Britons on whether they think people should be legally required to self-isolate if they test positive for Covid. 

Nearly half (48 per cent) said the requirement should always be in place, while 27 per cent said it should be legally required for the ‘next few months’. But 17 per cent said people should not be ordered to stay at home when they test positive.

Professor Melinda Mills, head of sociology at Oxford University, told BBC Radio 4’s Today programme that people are less likely to follow Government advice when trust is low.

Asked about whether lockdown rule-breaking at No10, she said: ‘The research has shown that when trust is really low, that people feel that there’s not clear following scientific evidence or following advice or engaging in role modelling, then people are less apt to listen.’

Professor Mills said the person who is giving the message is important, as is avoiding mixed messaging.

She said: ‘We had the announcement yesterday and the first thing that people want to know (is), well, what’s changed? What sort of scientific evidence is there that’s changed? 

‘And there’ll be an evaluation on February 21. You know, what is that evaluation? What kind of yardstick will be used?

‘We know that hospital admissions are down, but infection levels are still actually very high.’

Professor Stephen Reicher, a social psychologist at St Andrews University, told the Guardian: ‘Taking away the objection to self-isolate is the final straw and the most powerful way of saying ‘it’s all over’ and that infections don’t matter.

‘We know that perceptions of risk are critical to adherence and that people won’t do things if they believe there is no need to do them, however much they are urged.’

Lib Dem MP Layla Moran said: ‘As they have repeatedly done throughout this pandemic, this government is preparing to make a serious public health decision for short term political expediency.

‘There will come a time when we need to live with coronavirus but dropping all precautions with no medical basis is foolhardy when the risk of new variants remains and long covid continues to cause shortages in vital public services.

‘Ministers must not play fast and loose with people’s health in an attempt to meet political demands.’ 

Nicola Sturgeon’s (left) government is set to extend emergency Covid powers for several more months despite Boris Johnson dramatically declaring that domestic restrictions in England will be axed within a fortnight, it has emerged. Scottish Health Secretary Humza Yousaf (right) criticised Mr Johnson’s announcement and said it ‘wasn’t a thought-out policy backed up by public health expert advice’, adding: ‘It was a dead cat thrown on the despatch box of the House of Commons in order to distract and deflect’

Daily toll of Covid victims will NOT be scrapped despite axing of legal restrictions, sources say 

Daily Covid statistics could continue to be published for months, despite the ending of legal restrictions.

Government sources last night said there were ‘no plans’ to end the release of daily figures on case numbers, hospitalisations and Covid-related deaths, despite controversy over the picture they paint.

Tory MPs last night stepped up calls for the figures to be scrapped.

Former party leader Sir Iain Duncan Smith said it was ‘time to call time on project fear.

He said the figures, which are also broadcast each day on BBC news bulletins, had fuelled public anxiety about the virus out of proportion to the threat that it posed.

Fellow Conservative Bob Seely told the Daily Mail: ‘I have never understood why we publish the figures in isolation unless the aim was simply to scare people.

‘We do not publish figures for the deaths from flu or pneumonia on a daily basis and we should not do so for Covid.

‘It was simply intended to scare people and it should stop immediately.’

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Stephen Griffin from the school of medicine at the University Leeds said: ‘In my view, the way in which this is being implemented is a profound mistake. Again.

‘Literally blinding ourselves by removing testing and isolation robs us of the most fundamental means of controlling the spread of this virus.’ 

Both the Scottish and UK governments are to set out their long-term plans for living with fewer restrictions after the coming week of recess at Holyrood and Westminster. 

But while Mr Johnson hinted that curbs could come to an end early if case numbers fall, the SNP government has moved to extend the period in which they might continue to apply.

Deputy First Minister John Swinney said that ministers ‘believe it is necessary to retain the availability of these baseline measures for now while we review our ongoing response to Covid’.

He added: ‘The Government is committed to regularly reviewing these regulations, as we are required to, and the continued removal of any measures considered no longer necessary.’ 

However, yet another rift appears to be opening up between Mr Johnson and Ms Sturgeon, with a spokeswoman for the Scottish Government saying that the UK Government ‘failed to provide devolved nations with appropriate notice to consider implications ahead of the announcement by the Prime Minister’.

She said Scottish ministers are urgently seeking clarity from the UK Government to consider any implications its announcement could have for Scotland, adding: ‘Regardless of decisions made by the UK Government, it is vital that Scotland can continue to access funding to support the policy decisions taken in Scotland in response to Covid.’

Last week, Miss Sturgeon left the country’s Covid measures unchanged, including enforced mask wearing by schoolchildren, telling Holyrood a ‘significant fall’ in infection levels the country has seen in recent weeks had now ‘levelled off’.

She told MSPs a meeting of her cabinet had decided that the remaining baseline measures would stay in place ‘for now’. But she is facing pressure from the Scottish Tories, who yesterday called for the scaling down of Test and Protect, a phased end to all legal restrictions and a new levels system which will be aligned to data on the virus.

Both Ms Sturgeon and Labour’s Mark Drakeford in Wales have been far more cautious about removing curbs. The Scottish First Minister is due to release her plan for living with Covid later this month — but Mr Drakeford has not revealed whether he will follow the PM’s lead. 

The PM — who had already said he wanted the rules to expire naturally on March 24 — made the dramatic announcement at the start of PMQs in the Commons yesterday. 

The step was greeted with roars in the chamber, with many Tories having been pushing for the Government to draw a line under the pandemic with the country having been subject to virtually unprecedented peacetime restrictions since early 2020. 

Plan B requirements for people to work from home where possible was dropped last month, along with most face mask rules and compulsory Covid passes.

The UK (pink, second bottom) has a significantly lower Covid case rate than most major European nations at around 106 per 100,000 people. For comparison Denmark (green, top) — where most restrictions were dropped last week — has one of the highest at 737 per 100,000

Deaths have remain low in the UK (pink) compared to most other countries as well, with 0.37 per 100,000 dying with the virus, compared to 0.75 per 100,000 in the US (top, brown)

Despite rocketing cases during the Omicron wave, the UK’s hospitalisation rate remained below most of its European neighbours and the US

ICU admissions remained even lower, with the UK having one of the lowest rates in the world, second to Denmark which has taken similar actions to reduce restrictions

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