NEWS
Lawyer’s warning over ‘legal minefield’ of retail coronavirus vaccine passports By Greg Pitcher
Using tests and vaccines to control who enters a shop is a “legal minefield”, a food retail legal specialist has warned. Dominic Watkins, head of retail, food and hospitality at legal services firm DWF, said COVID-19 compliance was becoming “the new PPI” for certain law firms seeking to bring mass claims. Prime minister Boris Johnson has long spoken of the key role mass testing and vaccination will play in the country’s exit strategy from lockdown. Pilots began in April of a system the government said could eventually allow higher-risk settings to open up more safely by allowing people in based on their vaccination history, natural immunity from contracting the disease or a recent negative test result. While the prime minister ruled out the use of status certification –
COVID passports could create legal issues for retailers
dubbed COVID passports – when pubs fully opened in May, he did say lateral flow testing would be “a great advantage to us all as we go forward”. Watkins said that while it was “theoretically possible” to use tests and vaccines to create COVIDfree food shops, such a move could be difficult to implement in practice without inviting legal claims. “Discrimination claims have been a massive growth area through the pandemic,” he said. “Some of them are genuine, some
less so.” Refusing entry to a member of staff or the public who turned down a vaccine for medical reasons could be seen as discriminatory, Watkins explained, while expecting someone to take a test could be viewed as unreasonable. “Look at posts about face coverings on social media,” he added. “You could lose a week on the comments sections. “There are dozens of claims management companies looking at
COVID-19 as the new payment protection insurance, the new emissions scandal. Unions have created apps asking people to upload information about their work conditions to identify where businesses are not COVID-secure. “There are law firms specialising in discrimination and you can download template letters from their website.” Ultimately employees and customers have to consent to having tests or vaccines, and can’t be treated differently if they don’t, Watkins said. Aside from this, companies conducting tests take on a responsibility to report them and have to be careful they don’t breach data protection law. “It is wonderful that the prime minister says these things but the practicalities are often somewhat more challenging to implement without significant risks,” he added.
Cottage Delight founder Nigel Cope dies at home aged 72
Next steps in Government’s roadmap out of lockdown
The man behind iconic fine food company Cottage Delight has died aged 72. Nigel Cope – who started the famous brand in 1974 after leaving a corporate job at food giants Unilever – died at his Staffordshire home earlier this year. Cope, who was born in Carmarthen in 1948, founded the award-winning business as a fudge producer but went on to develop a range of products sold in delis and farm shops across the UK. The businessman sold the Leek-based producer to Vestey Holdings in 2016, but the company remains committed to its independent roots. Cope was handed the Guild of Fine Food Lifetime
From 17th May, if the government remains happy with England’s progress in exiting the winter lockdown, hospitality venues such as pubs and restaurants will be able to welcome customers back inside for the first time in more than four months. Groups will be limited to six people or two households, and customers will have to remain seated while they eat, drink and order. Cinemas, hotels and children’s play areas will also reopen at this point, again with the same limits on visiting groups. Up to 30 people will be able to attend weddings, funerals, receptions, wakes, christenings and similar events. Indoor events will be allowed attendances of half their capacities up to a limit of 1,000 people. For outdoor events the attendance limit will be raised to 10,000 where the capacity is 40,000 or higher. People will still be advised to work from home where possible and keep a distance of at least a metre from others outside their household or legal support bubble. If the data shows the country is still moving in the right direction then the government has said it hopes to remove all legal limits on social contact on 21st June.
Achievement award at the 2012 Great Taste Golden Fork ceremony, attributing the honour to sticking to his principle of keeping the business independent-only. Cope is survived by his wife Diana; his children, Lisa, Paul and Michael; his step-children, James, Tom and Sam; and his five grandchildren and six stepgrandchildren.
WHAT THEY ARE SAYING ABOUT... FOOD SHOPS REQUIRING COVID JABS JENNIE ALLEN OWNER, BAYLEY & SAGE, LONDON
“I have personally been vaccinated and a lot of customers have too. It is up to the staff whether they have tests and vaccinations. We have lived with too many rules for too long. For all of us it will be good to get back towards normal life. Serving olives is a long way off. But it will just be nice to have some form of normality back.” JEN GRIMSTONE -JONES CHEESE ETC., BERKSHIRE
“All of our staff have had their first vaccinations and are all extremely careful both in the shop and away from it. We don’t feel that it is appropriate for our staff to have to police customers and so we won’t be asking for any proof of vaccination or a Covid test. I think the public, on the whole, have been wonderful.” STEVEN SALAMON PROPRIETOR, WALLY’S DELI, CARDIFF
“If a member of staff refused to get the jab without a reason which I consider valid, I would see that as a problem and would have to consider what further action I might take. New staff will be asked for proof they have had the jab, where it has been offered. It is putting other staff and customers at unnecessary risk.” Vol.22 Issue 4 | May 2021
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