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COVID-19: New legal employer responsibilities as part of Test and Trace

Published on: 15 September 2020


From Friday 18 September some types of businesses will have an additional legal requirement to collect contact information for staff, customers and visitors.

British Marine understands that this legal requirement refers to:

  • Hospitality, including pubs, bars, restaurants and cafés
  • Tourism and leisure, including hotels, museums, cinemas, zoos and theme parks
  • Close contact services, including hairdressers, barbershops and tailors
  • Facilities provided by local authorities, including town halls and civic centres for events, community centres, libraries and children’s centres
  • Places of worship, including use for events and other community activities

For businesses within these sectors, the data must be held for a period of 21 days. 

The information which businesses need to collect and maintain is: 

  • Staff

- The names of staff who work at the premises
- A contact phone number for each member of staff
- The dates and times that staff are at work

  • Customers and visitors

- The name of the customer or visitor. If there is more than one person, then you can record the name of the ‘lead member’ of the group and the number of people in the group
- A contact phone number for each customer or visitor, or for the lead member of a group of people
- Date of visit, arrival time and, where possible, departure time
- If a customer will interact with only one member of staff (e.g. a hairdresser), the name of the assigned staff member should be recorded alongside the name of the customer

It is quite possible that many businesses collect this information already, however it is a legal requirement that the businesses which fall into the above categories do so from Friday 18 September. Data for each person should be held for a period of 21 days. The requirements are set out clearly here. 

This information should be recorded in a way which is manageable for your establishment. Digital records are preferred, but paper copies are acceptable too. 

British Marine can also advise its members that businesses can generate a QR code here which will provide a printout poster for visitors to scan once they enter your venue. You can print out multiple posters to display to avoid queuing and this way will automatically communicate the necessary information. For this to work, visitors must have downloaded the NHS Test and Trace app. There is no requirement to collect additional written details if the QR method is used. 

British Marine would advise its members to ensure they are collecting the required information and to visit our microsite for more information.