Employer Enforcing Quarantine?

[Dominicgoings]

UK based ( not Scotland) and healthcare setting.

Just had an email to say that anyone who goes abroad on ‘non essential travel’ will have quarantine for 14days on unpaid or annual leave and undergo Covid testing before returning to work.

Reasonable or not?

[WeAllHaveWings]

Personally I agree with them, this virus isn't done with us yet. But I know my personal opinion isn't for everyone.

If the country is on the green list I don't think they would have a leg to stand on legally, but who is going to the effort and cost to take this to court?

If anyone goes on holiday and there are quarantine requirements or it changes before you get back, and you can't return to work for a further 2 weeks, then I think it is fair for employers to expect you to take unpaid leave (or even disciplinary if you knew before you left), that is the risk you take going on your jollies during a global pandemic.

[vanillandhoney]

I'm really shocked people think it's acceptable.

It's currently legal to travel abroad and go on holiday, with no need to quarantine upon return. So why is it okay for companies to penalise people who are following the law? Bonkers!

[Lalalamps]

Erm how about don’t tell your employer how you’re spending your annual leave.
None of their business tbh.

[prh47bridge]

So why is it okay for companies to penalise people who are following the law?

The OP told us this is a healthcare setting. Her employer has a responsibility to those receiving care. If an employee goes abroad, is allowed to return to work immediately and infects someone they could be sued for negligence. Saying that what the employee did was legal would not be a defence.

The employer cannot force employees to take unpaid leave but forcing them to stay away from work and taking it out of their annual leave entitlement is very definitely allowed.

[853690525d]

It's not the destination as much as the plane journey and the unknowns about which controls countries could be experiencing a surge at that time. Given what happened in Italy in February (and no one knew to expect Italy as a risky halfterm destination), I can't see what else they can do if they have a duty of care to vulnerable clients.

[853690525d]

why is it okay for companies to penalise people who are following the law?

Well, Boris the law is an ass. We have a shockingly high excess death toll. Hardly anyone outside the UK thinks we're capable of acting sensibly. Maybe the OP's employer agrees.

[SockYarn]

The OP told us this is a healthcare setting. Her employer has a responsibility to those receiving care. If an employee goes abroad, is allowed to return to work immediately and infects someone they could be sued for negligence. Saying that what the employee did was legal would not be a defence.

So in that case they pay them to stay at home. They cannot penalise the employee for doing something perfectly legal.

[titchy]

Ironically from a virus point of view they'd be more at risk spending the two weeks in the UK...

[853690525d]

titchy

Will no one think of the plane journey involved?!!!

[lockdownalli]

It's legally unenforceable.

[GabsAlot]

they should just say theyre staying in the uk then eomplyer has no oproof

[MrsPinkCock]

They can absolutely require you to take 2 weeks annual leave as long as they give you 4 weeks notice.

What they can’t do is force you to take unpaid leave unless they have a contractual right or a government mandate!

[jessstan2]

halcyondays Fri 10-Jul-20 15:06:21
Very reasonable. The government are stupid encouraging anyone to holiday abroad.
......
I quite agree and can't believe anyone is planning to this year. I know people who have loved ones who live abroad whom they had intended to see (also them coming here), but it just isn't happening.

It's quite true anyone could catch the virus in this country; I think if I was going to go abroad regardless, I just wouldn't tell anyone and pretend I went to Cornwall or somewhere like that. However I can't believe it will kill anyone to not go on holiday this year.

[MinnieMousse]

Not reasonable if it goes against the government guidelines. I'm not an expert in employment law but can employers legally bring in their own mandatory rules like this if it is contravention to official guidelines?

[Saladmakesmesad]

I think it’s totally reasonable. We all know the government has failed to protect the vulnerable in healthcare settings already so why trust their guidance now?

[Parker231]

If they are going on holiday to a country where the FCO has lifted travel restrictions and then the employer imposes these conditions, the employer could be facing unlawful deductions from wages claims so there are no grounds for this.

[Gwenhwyfar]

"I got a similar email so either unpaid or annual leave for 14 day quarantine upon return from a foreign country. "

I don't think that's on. If it's the employer's own rule, they should provide you with paid leave in addition to your usual allowance.

[lockdownalli]

@MrsPinkCock

They can absolutely require you to take 2 weeks annual leave as long as they give you 4 weeks notice.

What they can’t do is force you to take unpaid leave unless they have a contractual right or a government mandate!

Not if you don't have that annual leave available they can't.

[SockYarn]

Last point on the matter - what people's personal opinion is of whether it's safe/sensible to go on holiday this year is neither here nor there. The law is the law - if you don't have to go abroad then don't go.

But if you DO decide to go to a country like France or Germany, the law says you don't have to quarantine when you come home.

It's not OK for your employer to say that actually they are going to go against the law, make you stay at home and not pay you for it! That's outrageous! If they want to have their own quarantine roolz which are stricter than the official line, they can't expect their employees to pay for it.

Not surprised your team are up in arms OP, I would be too. I can't see how this policy can be legal.

[theendoftheworldasweknowit]

I think it's very reasonable.

I assume you cannot work from home, so requiring you to take unpaid leave or annual leave makes sense.

My work has a similar policy, although because we can work from home, no one loses out financially. It just means we're not allowed into the office for two weeks.

[SockYarn]

Edit - if you don't WANT to go abroad, then don't go.

[theendoftheworldasweknowit]

@SockYarn The OP works in healthcare, so her employer will have a duty of care not just to all its employees, but potentially vulnerable clients. I think it's very reasonable for healthcare and hospitality to impose additional standards to protect their clients, given how badly things could go wrong otherwise.

[BuggerOffAndGoodDayToYou]

I’ve had my holiday In France booked since September last year. As the FCO are saying we are allowed to travel there is no way to claim on insurance. If my employer decides I cannot go as it is “unnecessary travel” that’s all the money I’ve paid out down the pan. What I do in my own time is none of my employers business so long as it is legal. BUT we have been “strongly advised” that we should be “think carefully about social situations and the associated risks”. Effectively they are trying to tell us we aren’t allowed to see people outside of our households even though the government are loosening the restrictions.

[Gwenhwyfar]

"requiring you to take unpaid leave or annual leave makes sense."

What? Docking somebody's wages for 2 weeks is OK?

[SockYarn]

I think it's very reasonable for healthcare and hospitality to impose additional standards to protect their clients


Yes I understand all that. But they have to pay the workers to stay at home if that's what they want to do. They cannot seriously think it's OK to force them to take unpaid leave.