Q&As
1. Is there any direct offence for business (employees) for failing to wear masks and visors under Coronavirus Regulations? 2. Is there any direct offence for businesses for failing to comply with government guidance in relation to coronavirus (COVID-19), in particular to wearing of masks and visors? 3. If offences are provided for under the above, are fixed penalty notices available? 4. For the above, are these enforceable by district and borough councils? This particularly relates to close contact services and barbers and the stated requirement in the government guidance for those working in close proximity for extended periods to 'wear a visor/googles and a type II face mask'.
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Published on: 10 November 2020
On 23 October 2020, the Chair of the Local Government Association’s (LGA) Safer and Stronger Communities Board, Nesil Caliskan, made a statement on the tools councils should have to mitigate the spread of coronavirus (COVID-19). Caliskan felt that councils should be able to take ‘rapid action’ against businesses failing to implement safety measures, and he ‘look[s] forward to hearing more details…over the coming days’. See: LGA seeks tools to combat businesses violating
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Penalty definition
What does Penalty mean?
A penalty clause is one that determines the sum or penalty that must be paid on a contractual breach, but where that sum is greater than the likely loss resulting from that breach. When a sum specified as payable is extravagant or totally out of proportion to the range of possible losses that might be incurred, the provision will be a penalty and unenforceable to the extent that the sum is greater than the party’s actual loss.
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