The Travel Lottery

Following a recent increase in flare-ups of Covid-19 across the world, the Government is imposing restrictions to those travelling abroad, with very little notice. Subsequently, thousands of people in the UK have found themselves having to self-isolate after returning to the UK from other countries.

A significant number of people have been caught out by the government’s announcements whilst abroad, whereas others are making the conscious decision to still travel, knowing they will have to self-isolate upon their return. Either way, this can lead to a number of employment issues on the employee’s return. Below, we have answered our most frequently asked questions on this topic.

  • Do we have to pay employees who are self-isolating?

Firstly, consider whether the employee can work from home or not. If they can work from home, then yes you do have to pay the employee their normal pay.

For those that are unable to work from home then they are not entitled to be paid. Whilst unpaid leave is an option, you could also think about allowing an employee to use their remaining annual leave (if any) for those days where they are in isolation.

  • Our office has plenty of room for everyone to sit at a distance. Can I request that the employee comes into work?

No. This raises a number of issues; firstly, anyone who is asked to quarantine must comply unless they are arriving from one of the government’s exempt countries, or they meet one of the other requirements for exemption. Failure to do so can lead to fines being imposed both on the individual and potentially the Company.

Secondly, whilst you may feel safe and happy for the employee to return to work, their colleagues may feel different. This could lead to unnecessary conflict within the workplace.

  • How long does the employee have to quarantine for?

Usually 14 days but this depends on the country that they have travelled from.

  • If an employee tests negative upon their return, can they avoid quarantine?

Unfortunately, not. This will not change their position and they will still have to quarantine in accordance with government restrictions.

  • If I know an employee is planning on travelling abroad, can I tell them not to go?

You are able to discourage them from going by reminding them of the risks of travelling and that they may need to take 14 days unpaid leave when they return but ultimately, it is the individuals own time and as an employer, you are unable to control what they do in this time.  

Please remember to bear in mind that some people may wish to travel due to family emergencies or some will have booked their holidays pre-lockdown and wish to take it.

  • Can I reject an employee’s request for holiday?

As an employer, you have the right to accept and reject holiday requests. However, if you have previously accepted the request then you will not usually be entitled to withdraw your consent.

Please note that the above answers may differ depending on the specific circumstances. For example, if the employee had been sent abroad to work then these answers most likely will not apply to them.

If you have any further questions or you would like bespoke advice/answers to any of the above questions then please call us on 0115 870 0150 or email support@guardianlaw.co.uk.

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