It's not a question of everyone being intelligent enough to understand the advice, it's a question of what employers can get away with. You can't just forget T&T.
Here is the relevant legislation:
where the employer of a self-isolating worker or a self-isolating agency worker is aware of the requirement to self-isolate, the employer must not knowingly allow the worker or self-isolating agency worker to attend any place other than the designated place, during an isolation period, for any purpose related to the worker’s or self-isolating agency worker’s employment.
www.legislation.gov.uk/uksi/2020/1045/regulation/7/made
The 'requirement to self-isolate' is defined here:
“isolation requirements” means the requirements in regulation 2 of these Regulations or regulation 4 of the International Travel Regulations relating to the circumstances in which an individual who is self-isolating is permitted to leave the designated place;
www.legislation.gov.uk/uksi/2020/1045/regulation/6/made
Reg 2 of these regulations says:
This regulation applies where an adult is notified, other than by means of the NHS Covid 19 smartphone app developed and operated by the Secretary of State, by a person specified in paragraph (4) that ... they have ... had close contact after 28th September 2020 with someone who has tested positive for coronavirus;
Paragraph 4 says:
The persons specified for the purpose of paragraphs (1) and (2) are—
(a)the Secretary of State;
(b)a person employed or engaged for the purposes of the health service (within the meaning of section 275 of the National Health Service Act 2006(7) or section 108 of the National Health Service (Scotland) Act 1978(8));
(c)a person employed or engaged by a local authority.
www.legislation.gov.uk/uksi/2020/1045/regulation/2/made
IANAL but the way I understand this is:
Unless / until you're officially told to SI, regulation 2 does not apply to you. You are not legally required to SI. If there is no 'requirement to self-isolate' then your employer does not commit an offence by requiring you to go into work.
It would be great if employers would act responsibly - and lots do - but many don't, even when times are good, let alone when they face massive losses and potentially going bust.
It would be great if employees SI as soon as they knew they were definitely contacts but if they have no legal right to the time off work and their employer says they must come in then what can they do?
This is why T&T must work much faster.
In the meantime, paragraph 4 is interesting because it doesn't say only T&T can tell you to isolate. It says 'a person employed or engaged for the purposes of the health service' or someone from your local authority (or Hat Mancock
).
I mentioned upthread another OP in this situation whose GP authorised their SI. I wonder if this is the solution for when T&T take too long - contacts could just swerve past them and self report to GP or LA public health.