To get legal advice

[Jayne35]

My DD is isolating for 14 days, along with me as DH had a positive Covid test. Her manager is saying she is not allowed to return to work unless she can provide a negative test result, the thing is you are only supposed to get a test done if you have 2 or more symptoms (we both have none). DD doesn’t want to lie to get a test as we understand why they are strict about it (my nephew had to be driven 40 miles for a test a few weeks back as there were no local ones available).

Now she has said if DD does not get a test she has to stay home for a further 10 days unpaid as she will be risking all her colleagues health if she goes back after the 14 days ends.

I think she should get advice, AIBU?

Surely by the time you've got legal advice she could have had the test and potentially be back at work?

Sorry if I’m being dense here but surely in this situation it is easier to just get a test done?

Call the ACAS helpline they give employment law advice.

Suggest DD’s work pay for a private test if the won’t one that doesn’t meet current NHS guidelines?

If they refuse your DD could pay, probably cheaper than 10 days unpaid leave and legal advice.

@NetflixWatcher I work for ACAS (although not on the advice line). The helpline would be able to advise on what is legally correct but IMO that's not the issue here.

Guidance is that DD isn't required to take a test if no symptoms after self isolation; however DD's manager wants one regardless. My own feeling is that pragmatism needs to come into play here and if DD wants to keep her job she should just take the test. This hill isn't the one I'd choose to die on.

Just wanted to point out you only need one of the 3 key symptoms (fever, cough, loss of smell/taste) to get a test, not 2.

Yes, she should get advice.
Here is my advice: Get the test.
You and she are living with someone who had a positive test.
You and she could both have covid without symptoms - about 20% of those who test positive have no symptoms at all.
Get the test.

@bigredboat DH actually only had one symptom and the app said he didn’t need a test, he tried again putting in two and a test was arranged (he knew he had been in contact with some one with Covid).

I was actually only thinking about ACAS, not paying for legal advice.

DD loves her job but her manager generally treats everyone like shit sadly. DD sent her a link that stated without symptoms you aren’t entitled to a free NHS test and should pay for one if you want one (or you’re employer should if they insist on it) so hopefully her manager will pay for one.

My main point was people getting unnecessary tests (I know some one who has had 4 now, oh I sneezed a few times I must get a test) and having experience of someone not being able to get one locally because of it, they actually used the postal service in the end and it took 10 days to receive a negative result).

Thank you for your replies though. DD has been getting a bit upset with her manager shouting down the phone at her constantly.

You can actually test positive for upto 6 weeks after having covid despite no longer being contagious. I know this from the vaccine trial...currently on 4th week of receiving a positive test.

Absolutely mental to get legal advice instead of a test tbh.

@SunshineLollipopsRainbow DD was called by test & trace yesterday, they said you can have Covid in your system for 90 days so testing would actually be pointless now, she explained that the 14 day isolation is necessary to cover the infectious period, she also said with no symptoms at all she would not be told to isolate again.

I won’t be calling ACAS but I also don’t think DD should be expected to tell lies to get a test (kind of surprised people are suggesting it when the NHS is under strain), if her boss wants to pay then obviously she’ll take a test.

what does her union say?

@Brefugee, it’s a very small business, she isn’t in a union.

Then she needs to join one - it is more important now than ever before. She really needs to speak to ACAS or find some employment lawyer who doesn't cost the earth

Legal advice won't help her, what is she gonna do? sue them? does she want to keep her job? I understand you have good intentions but she needs to do what her employer wants or she risks getting sacked anyway.

Legal advice will help her formulate the reply to her boss - or let her know if what her boss is doing is legal. If it's illegal it may only be a matter of saying "hey boss, I'll do it but you know it's illegal, right?" and any normal competent boss would be like "oh, i hadn't checked, then you'd better come in/I'd better pay you" or whatever. Why wouldn't you check the legal position on something like this? If nothing else it may encourage people to do their best to save as much as possible in case this happens to them.

What do you think? Legal advice doesn't mean go in all guns blazing with "i'm going to sue you until the pips squeak?"

It is no wonder that workers' rights in the UK are being eroded without comment.

@Brefugee thanks for your advice, she has stopped the persistent calls and texts for the last couple of days. I agree with you I don’t know why people think you can only get legal advice if you want to sue some one. Isolation finishes on Monday night so will wait and see what happens between now and then.

If she takes a test today and is negative she still could develop covid over the next few days further risking her work colleagues?

i hope it all works out for your DD, OP.

One thing this pandemic has highlighted: who the bad employers are, and that some employers really step up when it's needed.

@Todaytomorrow09 that is actually the main reason she refused as her manager expected her to take a test immediately when DH tested positive, she then suggested if it was negative DD could move out and stay somewhere else for the rest of the isolation period (I’m half convinced manager would have asked her to return to work too). I really think people, especially managers need to educate themselves on COVID.

@Jayne35 I think your right - why would an employer want to risk her coming in. I know a few people who got a negative and carried on as normal :(
Along side furlough, I do think the government need to look into a guarantee for people who are required to isolate. I’m lucky I WFH but I do worry people are having to take unnecessary risks just to feed family or keep roof over head :(

@Todaytomorrow09 we have been lucky as DH although ill he hasn’t been knocked off his feet and has been able to continue WFH on full pay, I also feel for people who can’t and only get SSP for the two weeks.

It’s a case of just getting the test done, privately if can’t get nhs one. There are so many things happening during covid which just don’t make sense, especially with the isolation rules, but we just have to get on with it. I really don’t think I could be arsed to start going down the legal route for this issue - jobs are very precious at the moment, and this isn’t such a major thing that you would risk putting her job in jeopardy. Because once businesses start making redundancies, they will start with people who they perceive as being difficult to manage.

@Livelovebehappy DD works 32 hours a week on a little above min wage. I’m pretty sure she won’t want to spend £100 plus on a test. I know I wouldn’t. Obviously for a higher earner it wouldn’t be an issue I imagine. Still heard nothing from her manager anyway so I’m assuming they have given up with it after I explained why we isolate for 14 days and that if it wasn’t long enough it wouldn’t be 14 days, it would be more.

My post was probably more to vent rather than that I was actually going to get legal advice to be honest. These situations are just frustrating and I think that all directors/managers should educate themselves properly in these things.

I really don’t think I could be arsed to start going down the legal route for this issue - jobs are very precious at the moment, and this isn’t such a major thing that you would risk putting her job in jeopardy

It is precisely at times like this that workers need unions to help and advise. it doesn't need to be adversarial, it just keeps everything clear and above board. There are times - gasp! - when a union will say to someone "wind your neck in, your employer is being completely reasonable"