NEWS
Small retailers could be forced into summer closures due to Test and Trace quarantine By Greg Pitcher
Fine food retailers are living in fear of having to close their doors this summer due to the impact of COVID-19 isolation rules that remain in place despite the phased re-opening of the economy. Analysis by think tank the Adam Smith Institute suggested almost two million people could be asked to stay at home – via the NHS Test and Trace app – every week as restrictions are eased and the virus’s Delta variant continues to spread rapidly. The British Independent Retailers Association said some of its members had already been forced to shut due to staff isolations, which the body said were “a real problem”. Chief executive Andrew Goodacre said small food retailers with low levels of space and staff faced a double whammy of high isolation numbers and a lack of replacement workers. Even beyond 16th August,
Retailers are fearing being asked to stay home this summer
when forced contact-based isolation is dropped for the fully vaccinated and under 18s in England, many shop workers will fall between these groups and remain at risk of stay-at-home orders. “We need an urgent solution,” said Goodacre. “We are asking for financial support for businesses forced to close. I do not believe it is any different from a lockdown
Al-fresco dining licence extension a “real boost to business” Pavement dining and alfresco pints are set to be a fixture for another year as the government extended the relaxation of pavement licenses last month. As part of the Government’s high streets strategy, the news will be welcomed by the urban deli-restaurants and cafés that took advantage of the loosening of regulations over the past year. Trade body UK Hospitality lauded the announcement, and its spokesperson said the extension would be a “real boost for business”. “The extension - and potential permanent retention - of streamlined pavement licensing is a real boost for pubs, cafes and restaurants, who will
Al-fresco dining at Delilah Fine Foods in central Nottingham
be delighted that they can continue to make use of outdoor areas, helping them to navigate their way more speedily back to profitability,” the spokesperson added. The government simplified the pavement license application process last year in a bid to boost trade during COVID.
when simply following Government instructions regarding self-isolation results in a closure.” Clare Jackson, director of Suffolk-based Slate Cheese, said she had cancelled an appointment to attend an event in London recently, not for fear of contracting the virus but to minimise her risk of a damaging isolation request if she came into close contact with
someone with COVID-19. “We are walking on eggshells,” she said. “In a small business in these busy months, we cannot operate if we lose a member of staff. We have a policy of no holiday during July or August because we are at full stretch. “If a full-time member of staff had to isolate we’d most likely have to close as we wouldn’t be able to cope with demand. It is a real issue for small businesses with limited teams.” Mark Kacary, managing director at The Norfolk Deli, said it would be “impossible” for him or his wife and business partner to run the shop on their own if one of the pair was told to isolate. “We are a small, familyrun business,” he said. “To close the shop for 10 days would cause the usual problems associated with having to waste a lot of food. “I do not see any compensation being offered for this.”
Self-isolating and the law Jo Joyce, health & safety specialist at law firm Taylor Wessing, sets out the legal position on COVID isolation. Q: When do food shop workers have to self-isolate? “The basic legal position is that you have to self-isolate if you get a positive test result or you are told to by a designated professional such as someone from a GP surgery or NHS Test and Trace. “Being pinged on the app is not a legal requirement, it is a recommendation. But it gets more complicated as employers must ensure they are running a safe workspace and keeping customers safe.” Q: What are the legal risks if someone works after an isolation alert on the NHS app? “My advice is don’t force anyone who has been pinged to come to work as you are setting yourself up for a constructive dismissal claim. If someone is happy to come in then you might require them to have a negative PCR test first but that is still high risk. “It is possible that a staff member or customer could attempt to bring a legal claim and, whether it succeeds or not, having to defend it and deal with the publicity could be damaging.” Q: What support do I get if my staff are isolating? “You don’t have to pay an employee who is isolating and isn’t ill. Those employees on low incomes can apply for a £500 support payment from the government. There is no direct payment from central government for businesses forced to close because staff are isolating.”
WHAT THEY ARE SAYING ABOUT... COVID-19 ISOLATION RULES MARK KACARY DIRECTOR, THE NORFOLK DELI
“My wife and I have both been double jabbed so, surely, if people can come back from amber-list countries without going into quarantine, then it would be total nonsense to ask us to isolate for contact reasons. Maybe asking us to produce a test every two days for a week or fortnight would be a better alternative.” CLARE JACKSON DIRECTOR, SLATE CHEESE
“It feels like there is a discrepancy between the lifting of social restrictions and the easing of isolation requirements. I do understand that it gives more time for more people to get double vaccinated, which I am in favour of as the best long-term solution. But it puts us in a very difficult situation over the next month.” GERARD BURDEN ENVIRONMENTAL HEALTH SPECIALIST, NAVITAS SAFETY
“There is a real risk that fatigue in the sector kicks in. Staff may well evaluate the risk to themselves as low, especially as many are young, and not follow guidance or stop using the Test and Trace app. Once guidance is seen as devalued, other controls will also come under pressure. This further partial rollback is yet another pressure on retailers.” Vol.22 Issue 7 | August 2021
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