Covid Alert Levels (England)
Following the Government announcement on Monday 12 October 2020 the Coronavirus controls have been standardised and there is now a 3 tier system of Coronavirus alerts and control in England. What is this system and how is it likely to effect members’ businesses?
(For those in Scotland and Wales, we have not forgotten you. Unfortunately at the time of writing this article Scotland and Wales were still finalising their position. We will provide more details on their approach as it becomes available.)
Medium
Local COVID alert level: medium
This is for areas where national restrictions continue to be in place.
This means:
- Businesses and venues can continue to operate, in a COVID-secure manner, other than those that remain closed in law.
- The Rule of 6 applies indoors and outdoors (other than where a legal exemption applies).
- Certain businesses are required to ensure customers only consume food and drink while seated, and must close between 10pm and 5am.
- Businesses and venues selling food for consumption off the premises can continue to do so after 10pm as long as this is through delivery service, click-and-collect or drive-through.
- Schools and universities remain open.
- Places of worship remain open, subject to the Rule of 6.
- Weddings and funerals can go ahead with restrictions on numbers of attendees.
- Exercise classes and organised sport can continue to take place outdoors, or indoors if the Rule of 6 is followed.
You must: wear a face covering in those areas where this is mandated.
You should continue to:
- Follow social distancing rules.
- Work from home where you can effectively do so.
- When travelling, plan ahead or avoid busy times and routes. Walk or cycle if you can.
Find out more about the measures that apply in medium alert level areas to help reduce the spread of COVID-19
High
This is for areas with a higher level of infections where some additional restrictions are in place.
This means on top of restrictions in alert level medium:
- Businesses and venues can continue to operate, in a COVID-secure manner, other than those that remain closed in law.
- The Rule of 6 applies indoors and outdoors.
- People must not socialise with anybody outside of their household or support bubble in any indoor setting, whether at home or in a public place.
- Certain businesses are required to ensure customers only consume food and drink while seated, and must close between 10pm and 5am.
- Businesses and venues selling food for consumption off the premises can continue to do so after 10pm as long as this is through delivery service, click-and-collect or drive-through.
- Schools, universities and places of worship remain open.
- Weddings and funerals can go ahead with restrictions on the number of attendees.
- Exercise classes and organised sport can continue to take place outdoors. These will only be permitted indoors if it is possible for people to avoid mixing with people they do not live with or share a support bubble with, or for youth or disability sport
- You can continue to travel to venues or amenities that are open, for work or to access education, but should look to reduce the number of journeys you make where possible.
You must: wear a face covering in those areas where this is mandated.
You should continue to:
- Follow social distancing rules.
- Work from home where you can effectively do so.
- Walk or cycle where possible, or plan ahead and avoid busy times and routes on public transport.
Find out more about the measures that apply in high alert level areas to help reduce the spread of COVID-19.
Very High
This is for areas with a very high level of infections and where tighter restrictions are in place. The restrictions placed on areas with a very high level of infections can vary, and are based on discussions between central and local Government. You should therefore check the specific rules in your area.
At a minimum, this means:
- The Rule of 6 applies in any outdoor public space such as a park or beach, the countryside, a public garden or a sports venue outdoors.
- You must not socialise with anybody you do not live with, or have formed a support bubble with, in any indoor setting or in any private garden or at most outdoor hospitality venues and ticketed events.
- Pubs and bars must close. They can only remain open where they operate as if they were a restaurant, which means serving substantial meals, like a main lunchtime or evening meal. They may only serve alcohol as part of such a meal.
- Schools and universities remain open.
- Places of worship remain open, but household mixing is not permitted.
- Weddings and funerals can go ahead with restrictions on the number of attendees. However, wedding receptions are not allowed.
- Exercise classes and organised sport can continue to take place outdoors. These will only be permitted indoors if it is possible for people to avoid mixing with people they do not live with (or share a support bubble with), or for youth or disability sport.
- You should try to avoid travelling outside the very high alert level area you are in or entering a very-high alert level area, other than for things like work, education or youth services, to meet caring responsibilities or if you are travelling through as part of a longer journey.
- You should avoid staying overnight in another part of the UK if you are resident in a very high alert level area, or avoid staying overnight in a very high alert level area if you are resident elsewhere.
You must: wear a face covering in those areas where this is mandated.
You should continue to:
- Follow social distancing rules.
- Work from home where you can effectively do so.
- Travel to venues or amenities that are open, for work or to access education, but aim to reduce the number of journeys you make.
This is the baseline in very high alert level areas. The Government will also seek to agree additional interventions in consultation with local authorities, in order to drive down transmission of the virus. These could include the following options:
- Restrictions preventing the sale of alcohol in hospitality or closing all hospitality (except takeaway and delivery).
- Closing indoor and outdoor entertainment venues and tourist attractions.
- Closing venues such as leisure centres and gyms (while ensuring provision remains available for elite athletes, youth and disabled sport and physical activity).
- Closing public buildings, such as libraries and community centres (while ensuring provision remains available for youth and childcare activities and support groups).
- Closing personal care and close contact services or prohibiting the highest-risk activities.
- Closing performing arts venues for the purposes of performing to audiences.
You should therefore check whether additional restrictions apply in your area.
Find out more about the measures that apply in very high alert level areas to help reduce the spread of COVID-19.
What do these tiers mean for business?
Unfortunately there is no right answer to this! We strongly recommend that businesses undertake a risk assessment and have a plan in place to ensure they can react and adjust their business practices should their local area transit to another tier (either higher or lower).
The Government has provided very little practical guidance as to what this means for businesses (other than hospitality).
General practical tips
- Implement and monitor a culture of good practice as part of the Government’s Hands-Face-Space policy.
- Review your current handwashing arrangements. Are they correctly sited, would additional signage and posters (with graphics) assist in identifying them?
- Review your current awareness of handwashing/sanitising generally both within the workplace, getting into work, after toilet visits and after tea and lunch breaks.
- With staff groups of more than 6 people, create a rota for lunch rooms, etc, to ensure that rooms are not over capacity, or designate areas for staff groups. (increasingly a problem as we head into winter and people are more likely to be having lunch indoors)
- Review your current cleaning schedule for communal areas/surfaces e.g. door handles, door surfaces, buttons/hatches, light switches, keypads, work bench surfaces, kettles, fridge doors, coffee machines, vending machines etc. Consider whether to display a clear rota to be signed upon completion.
- To reduce likelihood of discarded used face masks/PPE being found in communal areas - provide extra bins e.g. in tea-rooms/communal areas.
- Team meetings on conference apps with groups of fewer than 6 in multiple rooms.
- Track and Trace NHS app.
Covid Secure Standards
Covid secure standards are now mandatory and all businesses and organisations now face stricter rules to make their premises COVID Secure. Government guidance can be found at:
Further guidance, including templates and resources have been produced by the HSE which can be found at:
https://www.hse.gov.uk/coronavirus/working-safely/index.htm
Businesses in the Medium tier
Provided your business is ‘Covid-secure’ then you can remain open. As Medium is the default setting at this time, there should be very little change from current practice and processes. As members of the public can meet indoors subject to the Rule of 6, businesses are advised to implement and maintain social distancing measures. The standard 2 metre rule is in force however businesses can maintain 1 metre provided further precautions such as face coverings are in use.
Test drives can still be undertaken provided the Government guidance regarding car sharing is followed. It should be noted that it is difficult to socially distance during car journeys and as such, this increases the risk of staff becoming infected. You can reduce the risk of transmission by:
- Opening windows for ventilation.
- Travelling side by side or behind other people rather than facing them, where seating arrangements allow.
- Facing away from each other.
- Considering seating arrangements to maximise distance between people in the vehicle.
- Cleaning your car between journeys using standard cleaning products - make sure you clean door handles and other areas that people may touch.
- Asking the driver and passengers to wear a face covering.
Businesses in the High tier
Provided your business is ‘Covid-secure‘, then you can remain open. As there is a higher risk of infection, businesses should consider additional precautions such as reducing the number of staff and limiting the visitors present on site, as well as enhanced cleaning processes, etc. Consideration should be given to additional checks on staff and visitors upon entry, such as temperature checks. Provision of alcohol gel and handwashing facilities should be increased. Whilst not mandatory, consideration should be given to contract tracing and whether to display the NHS QR code to aid in track and trace.
Members of the public are advised to reduce travel and not to travel outside of the area but this is not mandatory.
Test drives can still be undertaken provided the Government guidance regarding car sharing is followed (see above). Consideration should be given as to whether unaccompanied test drives are an appropriate measure to reduce risks.
Businesses in the Very High tier
In a very high setting areas, the Government is able to bring in additional specific measures, this may include the closing of businesses, and businesses should pay close attention to the information and controls in their area.
Provided your business is ‘Covid-secure‘, then you can remain open. However, consideration should be given as to whether business closure should be implemented to protect staff and visitors.
As there is a very high risk of infection, where businesses remain open additional precautions such as reducing the number of staff and limiting the visitors present on site, as well as enhanced cleaning processes, etc, are highly recommended. Consideration should be given to conducting business outside and at a distance where possible. Visitors to the site should be limited and where possible additional checks should be undertaken upon entry such as temperature checks. Staff should be closely monitored and removed from the workplace where possible.
Members of the public are advised to reduce travel and not to travel outside of the area but this is not mandatory.
Consideration should be given to stopping test drives. Where these do continue, unaccompanied test drives are strongly recommended to reduce risks.
Conclusion
It is important to note that the situation remains very fluid and Government guidance is being updated regularly. We can therefore only provide a general guide that should be used with care. Also, whilst the Government has provided a statement as to its intentions, how this will work in practice, as well as the legal basis for any restrictions, is still to be clarified. We are keeping our ears close to the ground for our Members and will provide updates as appropriate.
Should you have any questions, please do not hesitate to contact us on 01647 252 175
Motor Industry Legal Services
Motor Industry Legal Services (MILS Legal Ltd) provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.
