Employer enforce PCR for return to work?

[IcedCoffeeAlways]

Employee calls in sick stating that she has woken up with a temperature. Should a negative PCR be required for return to work?

Details - I’m the manager, employee called me, no HR or head office available on weekend, I returned from Mat leave yesterday and am not yet fully caught up with the guidelines. The employee is next due in on Monday morning. Not sure if it makes a different to the rules but she is unvaccinated and we’re in Scotland

It's one of the main symptoms so she should get tested. If she gets a test as soon as possible today then hopefully the results should be back by Monday.

If sh doesn’t get tested she needs to isolate for 10 days as she’s unvaccinated

@angelopal

It's one of the main symptoms so she should get tested. If she gets a test as soon as possible today then hopefully the results should be back by Monday.

@angelopal Thank you - that’s my view too. I advised her that she should have a PCR and she said she won’t be getting tested.

My inclination is to tell employee that fine, she has the next 10 days off unpaid as she is refusing a test and you can’t permit her into the office as she has symptoms

@Bessica1970

If sh doesn’t get tested she needs to isolate for 10 days as she’s unvaccinated

@Bessica1970 Yes, that’s exactly what I thought. I’ll try and get an HR contact at home if possible to just to make sure I’m staying on the right side of the employer guidelines

it doesn't matter if she's vaccinated or not because she has symptoms, she isn't a close contact.

She needs a pcr or to isolate for 10 days.

@CovidinPrimary

My inclination is to tell employee that fine, she has the next 10 days off unpaid as she is refusing a test and you can’t permit her into the office as she has symptoms

@CovidinPrimary I did tell her that I believed that was the current guidelines and that I’d get back to her.

@kimlo Thank you - I wasn’t sure when vaccine info was relevant or not.

In our Company, if someone is vaccinated and has proof of a PCR test and forward result to us (text or email) then they qualify for Company sick pay. If an employee is not vaccinated or has not had or will not have a test, then they will only receive SSP as long as they provide an NHS Isolation letter. No letter, no PCR test result, then it is unpaid leave.

For the purposes of determining eligibility for statutory sick pay, employers are able to set their own rules on what evidence they reasonably require of employees' illness.

She has symptoms and is unvaccinated, needs a PCR ASAP. If she won’t get tested then tough, she needs to stay at home for 10 days and not put others at risk.

It only makes a difference for close contact isolation. As you are in scotland for close isolation a vaccinated person can return to work after a negative pcr, unvaccinated they need to isolate for 10 days.

Anyone with symptoms needs a pcr or to isolate for 10 days, anyone who tests positive needs to isolatw for 10 days

It’s her right not to get tested but as her manager you have the right to tell her not to attend until the self isolation period has ended

Yep you can't force her unfortunately.

But if she is refusing then it's unpaid leave for 10 days.

@Unreasonabubble

In our Company, if someone is vaccinated and has proof of a PCR test and forward result to us (text or email) then they qualify for Company sick pay. If an employee is not vaccinated or has not had or will not have a test, then they will only receive SSP as long as they provide an NHS Isolation letter. No letter, no PCR test result, then it is unpaid leave.

For the purposes of determining eligibility for statutory sick pay, employers are able to set their own rules on what evidence they reasonably require of employees' illness.

Jesus - what happens if someone can't have the vaccine due to a medical condition?

@Unreasonabubble

In our Company, if someone is vaccinated and has proof of a PCR test and forward result to us (text or email) then they qualify for Company sick pay. If an employee is not vaccinated or has not had or will not have a test, then they will only receive SSP as long as they provide an NHS Isolation letter. No letter, no PCR test result, then it is unpaid leave.

For the purposes of determining eligibility for statutory sick pay, employers are able to set their own rules on what evidence they reasonably require of employees' illness.

Oh wow! What if they are unvaccinated for medical reasons? Does the same still apply?!

@EileenGC @kimlo @insancerre @SpookyScarySkeletons Thanks all. I knew I couldn’t force her to take a PCR, just wasn’t sure on the rest. I have advised PCR and told her than no PCR means a 10 day isolation. She’s VERY unhappy about this. Have managed to get a HR contact at home (company now have an “on call” HR member at the weekends which I didn’t know and is very useful actually!) so they are calling her in regards to isolation/testing/pay etc

"Oh wow! What if they are unvaccinated for medical reasons? Does the same still apply?!"

According to the Green Book the only contraindication for vaccination is having had a severe reaction - requiring medical attention - to one of the vaccine ingredients. Even then, vaccination may be possible with appropriate medical supervision. So being unvaccinated for medical reasons is very rare and it would be well-documented enough that producing supporting evidence wouldn't usually be too difficult.