Do we pay a nanny who must self-isolate when she returns from holiday? What does the law say?

[ParentOfOne]

Our nanny went on holiday to a country which was in the safe corridor list (or whatever it's called) when she left, but now has been removed, so she must now self-isolate for 2 weeks when she comes back. Which of course means we have to arrange childcare for 2 weeks and we have no idea how, but that's a separate story.

The question is: do English (we are in England) employment law or government regulations dictate if she is entitled to her salary?

For the record, we paid her full salary when she was in furlough, but by going on holiday abroad I think she was reckless, she knew this might have happened, so I don't see why I should be paying for a risk she was aware of but decided to ignore.

Thanks!

www.acas.org.uk/coronavirus/using-holiday/self-isolating-after-return-to-uk

This implies you don't have to pay her. You could say its unpaid leave or ask her to use annual leave or pay the equivalent of SSP. There is no obligation to offer full pay

Just bloody pay her

Morally, you should pay her.

It's hardly reckless op.

i'd get her to take it as annual leave.

I wouldn't pay her. It was her risk to take, not yours.

or if you feel obligated to pay something then use the SSP rate

I guess it depends how much you value your relationship with your Nanny. Could you come to an agreement where she offers you some evening babysitting to compensate? Pay for her to have a Covid test & then come to work earlier?

You need the 2 week incubation period, not just get a test early and ignore quarantine

doesn't matter if they have a negative test as they still need to isolate for the full 14 days as thats the incubation period

@dementedpixie, thank you for the link - very useful.

Replying to the others:
We didn't go on holiday abroad because we didn't want to end up in this very situation. She knew this situation could have happened and decided to risk it anyway. Now morally I should pay her? No, I beg to differ.

"Morally", did she wonder what would have happened in case of quarantine? Did she wonder how we would sort out childcare? Did she wonder how much it would cost us? Did she wonder if we were in a position to take more time off, considering we have just come back from a (local) holiday, and the impact this might have on our jobs?

Morally, I should have continued to pay her in full during the lockdown, and I did. But this is different.

I work for an NHS Trust which is usually the most ridiculously lenient organisation, we are saying that anyone staff member who has chosen to travel abroad and then has to quarantine will need to take annual leave/unpaid leave/wfh if possible.

She should have been cognisant of the risk, this is not on you.

Does she have family abroad by any chance?

Ugh any staff member not anyone staff member!

What arriety said. The risks were quite clear, this is her choice.

Is she a live in nanny?

I wouldn't pay her. It was nice of you to pay her during lockdown as it wasn't her fault, but this time she has made herself unavailable for work.

No, I wouldn't pay her. Every single person who's gone abroad this summer has known the risks. She has been paid for no work for months. I'd say that ends now.

If you don't pay her she will feel you are mean and she will walk. You pay to keep staff. If that doesn't bother you crack on but don't think you can get awAy with not paying her without consequences.

Was it a holiday as in, she booked a trip like you or I would? Or was it her once a year trip home to see family etc?

If the former, I would say unpaid leave or annual leave. If the latter, I would be more lenient.

I wouldn’t pay her. Most people haven’t taken a holiday this year for this very reason.

I wouldn’t pay her. Anyone who went on holiday from May onwards is a chancer and needs to accept the consequences.

‘Morally’ you should pay her ? Most of us have cancelled holidays in order to avoid this. Travelling abroad this year is at your own risk.

Thank you all for your comments. However, the question was about what the law says, not what you think I should do morally, and I would like to keep the thread on topic.

Anyone is welcome to think I am dodgy, stingy or whatever - I have zero interest in convincing them of the opposite, to be honest, but I am always puzzled when people draw very harsh and clear conclusion without knowing all the facts.

"If you don't pay her she will feel you are mean and she will walk. You pay to keep staff. If that doesn't bother you crack on but don't think you can get awAy with not paying her without consequences."

This is actually a very sensible comment, and something which had crossed my mind, too. Something like one week off and another week on statutory sick pay could probably be a reasonable compromise.