Coronavirus: Know your rights

To help deal with the public health emergency caused by coronavirus, the Government has made restrictions which have affected the way we live our lives. The rules continue to change regularly and at short notice.

There have been a lot of confusing and contradictory messages about the rules. Many people are unsure about what is and what isn’t allowed.

To help clear this up, we’ve created an explainer of what you can and can’t do.

The below regulations only apply in England. Different rules apply in Wales, Scotland, and Northern Ireland.

What are the rules in place as of 30 November 2021?

In response to news about the new variant of coronavirus known as “Omicron”, the Government has introduced new restrictions in England from 30 November 2021.

Face coverings / face masks

From 30 November 2021, you are required to wear face masks on public transport and in shops, supermarkets and certain other places providing goods and services in England. It is a criminal offence if you do not comply with this requirement, and you may be given a Fixed Penalty Notice of £200 (this will be reduced to £100 if you pay within 14 days).

There are exceptions for children under the age of 11, people who cannot put on, wear or remove a face covering because of a physical or mental illness, impairment, or disability, and where the putting on, wearing or removing a face covering will cause severe distress. For full details on the new rules, see our face coverings page.

Self-isolation

On 28 September 2020, regulations came into force for people who have tested positive for coronavirus and their contacts. These are currently still in effect, and although the rules were previously relaxed  for those who are vaccinated, they have now been strengthened again in relation to the Omicron variant.

You can find our article on self-isolation here.

If you are notified by NHS Test and Trace that you have tested positive, you are required to self-isolate in your home (or certain other permitted locations) for 10 days and are only allowed to leave that place during that period where certain exceptions apply.

If are notified by NHS Test and Trace that you have been in contact with someone who has tested positive, and you are not fully vaccinated, you are required to self-isolate in your home (or certain other permitted locations) for 10 days and are only allowed to leave that place during that period where certain exceptions apply.

If you are notified by NHS Test and Trace that you have been in contact with someone who has tested positive, and you are fully vaccinated, then you are not generally required to self-isolate, but you are advised to take a PCR test. However, if you are notified by Test and Trace that you have been in contact with someone who has tested positive with a suspected or confirmed case of the Omicron variant, then you are required to self-isolate (as described above) for 10 days, even if you are fully vaccinated.

It is a criminal offence to break these rules and you can be given a fine of £1,000 for your first offence.

Travelling into England

The rules for travelling into England have changed as of 30 November 2021, in response to news about the Omicron variant.

If you have travelled to England from a red list country, there are strict requirements, including taking a coronavirus test before you arrive in the UK and staying a “quarantine hotel” when you do arrive. 10 countries in southern Africa were added to the red list in the last week of November. See here for further information.

If you have travelled from a non-red list country, the requirements are different depending on whether you have been vaccinated or not.

If you are fully vaccinated and are travelling to the UK from a non-red list country, you need to fill out a passenger locator form, book and take a ‘Day 2’ PCR test when you return, and you must self-isolate in your house or another suitable location until you get a negative test result. However, you do not need to take a ‘Day 8’ test.

If you are not fully vaccinated and are travelling to the UK from a non-red list country, then you are required to take a coronavirus test before you arrive in the UK, fill out a passenger locator form, book and take a ‘Day 2’ and ‘Day 8’ PCR test when you return and self-isolate in your own home (or another suitable place) for 10 days (unless you use the “Test to Release” scheme, which allows you to leave self-isolation early).

Under 18s will have to follow the same rules as fully vaccinated travellers when they return from non-red list countries, whether they have been vaccinated or not, meaning they will need to take a ‘Day 2’ PCR test and self-isolate until they get a negative test result.

People who have medical exemptions from vaccination will also be able to follow the same rules as fully vaccinated travellers, as long as they have their exemption confirmed by their GP before travelling. See our advice page here to see how to show your medical exemption status.

Businesses

All businesses are allowed to open as normal.

There is  government guidance on the safest way to run businesses in different industries, but be aware that these are not legal requirements. However, employers still have legal duties under health and safety law to keep their employees and other people affected by their business safe, and this will generally require them to carry out risk assessments and to take steps to minimise the risks posed by coronavirus.

Additionally, government guidance encourages certain types of businesses (such as nightclubs) to use the NHS Covid Pass as a condition of entry. This is a way of checking whether a person has been double vaccinated or has had a recent negative coronavirus test. Businesses can choose to have their own policies which reject entry to those who refuse to use this system. However, there is again no legal requirement on businesses to use this system.

Can I still get an FPN for anything under the new Coronavirus rules?

Fixed Penalty Notices (FPNs) have been the most common enforcement tool used during the coronavirus pandemic. As most requirements have been repealed, their use has dropped significantly. However, the coronavirus rules which are still  in place can be enforced through FPNs:

• The travel regulations can be enforced through FPNs. For example, if you qualify as fully vaccinated and are returning to England, you now need to book and take a PCR test by the second day after you arrive and self-isolate until you have received a negative test result. If you do not self-isolate, you can be fined £1,000 for a first offence, up to £10,000 for a fourth offence. See our travelling articles for more details.
• The Test and Trace system is still in place. This means that if you test positive then you are still required to self-isolate for 10 days. If you are unvaccinated and are identified by the NHS Test and Trace system as a being in close contact with someone who tested positive, you are also required to self-isolate for 10 days. From 30 November, if you are identified as being in close contact with someone who has tested positive with a suspected or confirmed case of the Omicron variant, you are required to self-isolate for 10 days, regardless of whether or not you are fully vaccinated. If you do not comply with these requirements, you can be fined £1,000 for a first offence, up to £10,000 for a fourth offence.

See our article on police powers for more information.

What is the Coronavirus Act 2020 and has it been repealed?

In addition to the various health protection regulations listed above, the Government also introduced an Act of Parliament – the Coronavirus Act 2020, on 25 March 2020. This changed the law in a number of different areas in response to the pandemic. In September 2021, the government confirmed that they would be repealing parts of this Act, including some of the powers relating to ‘potentially infectious people’ and the enhanced powers to restrict events.

However, many of its powers remain.

Liberty responded to the most recent changes here.

Where can I find government guidance on the rules?

The government has produced extensive guidance about different elements of life under Coronavirus regulations. It is recommended that you follow this guidance to reduce the transmission of the coronavirus.

It should be noted that guidance is not the same as law. You cannot be fined or arrested for failing to follow guidance. Only the rules found in the regulations and the Act are enforceable by fines or arrest.

What about speeches made by the Prime Minister and other Cabinet ministers?

The Prime Minister and other Government ministers have made a number of speeches and public statements about what you can and can’t do, and what the Government is planning to do in future.

Advice that is set out in speeches by either the Prime Minister or Cabinet ministers is not law. To be as sure as you can be, we recommend checking this page regularly as we update it to reflect the current law.