Thread by @AdamWagner1

Still don’t really understand the legal basis for this if workers are avoiding test and trace notifications (not just the app). Is it all “research”? Is there guidance on it somewhere? bbc.co.uk/news/business-…

I don’t want to be a stick in the mud but currently there is no “critical services“ exception to self isolation regulations so strictly (it looks to me) if workers follow govt guidance they will be breaking the law gov.uk/guidance/nhs-t…

legislation.gov.uk/uksi/2020/1045…

There is a essential infrastructure exception for the international returns self-isolation regulations but that is different. I suppose that workers could rely on an unlisted reasonable excuse to avoid prosecution but it’s not ideal

I would expect the government to amend the regulations unless they are going to say that these workers are participating in a big piece of coronavirus research like the 10 Downing Street exception. But that’s not what it says in the guidance

Aha, found this (HT @lewis_goodall), says NHS workers

"will be considered to have a ‘reasonable excuse’ under the Self-Isolation regulations to leave self-isolation to attend work where their absence could result in harm"

This sounds legally suspect...

gov.uk/government/new…

The self-isolation regulations allow you to leave self-isolation to "escape a risk of harm". That plainly is not the same as "absence at work would result in harm".

legislation.gov.uk/uksi/2020/1045…

What I think the government is trying to say is that there can be no offence because the government has said that there is a "reasonable excuse". Technically, it is correct that there can be no offence with a reasonable excuse.

But...

... this is a legally bizarre way of going about things when it is easy for the government to add a new exception to the self-isolation requirements.

It also leads to a dangerous lack of clarity for police and the workers themselves

Also, there is no mention of a "reasonable excuse" in the guidance for food sector workers. So they have to guess what legal basis there is for them not following the self-isolation law, which has by the way fixed penalty notices up to £10,000 gov.uk/guidance/nhs-t…

@TomRHickman this is possibly the nadir of the guidance/law muddle. Government trying to amend regulations through guidance!