TRACK & TRACE:
EMPLOYERS' DUTIES
The UK’s Track & Trace system serves a vital purpose in
preventing COVID-19 outbreaks. Employers must be aware
of following the correct reporting procedure
The Track & Trace system is a vital part
of the UK’s strategy against COVID-19.
However, it has created several
challenges for employers, especially
in the manufacturing industry where
working from home is often impossible.
Within the fi rst week of the system being
introduced, 30,000 close contacts were
identifi ed, and 85% of those had to self-isolate
for 14 days. However, potentially functioning on a
reduced workforce is the latter part of the battle
for manufacturers. They must fi rst ensure they
follow the correct Track & Trace procedures.
A duty of care
Employers have a duty of care towards their
employees, meaning the workplace must be kept
as safe as possible. This includes encouraging
workers to self-isolate if they show symptoms of
COVID-19.
It can be helpful to talk to employees about
their obligations under the Track & Trace
scheme, to ensure they understand the processes
they must undertake if they test positive.
Creating a supporting policy that deals solely
with COVID-19 and clearly outlines
everyone’s obligations could also
make informing the business about a
positive diagnosis less daunting for
employees.
The sooner employees can inform
the company, the more time it gives
employers to pre-empt contact
from the Track & Trace team, as
well as assess who else may need
to self-isolate. In a manufacturing
environment, COVID-19 could
temporarily remove an entire team
from the workforce, so the employer
needs time to prepare.
When it comes to supporting
employees that test positive, keeping the
process as straightforward as possible is
key. Identifying a ‘close contact’ that the
Jon Heuvel (left)
and Kim Walker
(right) say that
Track & Trace is
crucial to get the
UK back up and
running again
individual can provide to the
Track & Trace team regarding
company information will make
the process simpler. This can
also be the person
that the employee
any questions or
concerns.
goes to if they have
Privacy
considerations
Maintaining the
individual’s privacy is
also vital. Health data
is classed in law as
special category data,
so needs an additional
lawful basis that justifi es
its collection and storage.
For employee data,
businesses will likely rely on the
‘exercising rights in the fi eld
of employment’ basis. In other
words, employers have a right
to look after the health and
safety of their employees
and collecting necessary
data is part of this.
However, that
does not mean the
information should
be freely available
to all in the
business. Once
manufacturers
learn of a
positive COVID-19
test within the
workforce, they can
inform staff members
that someone has tested
positive, but they should
not say who.
LEGAL JULY/AUGUST 2020
For manufacturers looking
to introduce temperature
checks to stay one step ahead
of COVID-19, data protection
must be considered. Health
data is one of the areas where
GPDR allows the government
to set their own additional
rules, something which the
UK has done. As a result,
employers must look at the
Data Protection Act (DPA)
before carrying out temperature
checks and ensure a specifi c
policy document is in place for
employees that explains how
the temperature checks are
being carried out in compliance
with the DPA and the GDPR.
It is also important to keep
in mind that some people may
have a higher temperature
for health reasons separate to
COVID-19. It is still acceptable
BY KIM WALKER, DATA PROTECTION SPECIALIST, AND JON HEUVEL,
EMPLOYMENT PARTNER, SHAKESPEARE MARTINEAU
24 www.manufacturingmanagement.co.uk
/www.manufacturingmanagement.co.uk