Quarantaine and Covid stuff

[Kaz_89]

Hello, Everyone.

I have a question about that stupid Covid restrictions.

Let's start from the beginning. I'm emplyed full time, with no expiry date contract, for 35h per week (but doing more). I'm also entitled for 28 days of a payed holiday and 4 week of payed sick leave (absence) as well (but need to provide sick note or some kind of other proof I'm accually sick). Both holidays and payed sickness are calculated by the avarage amount of hours I've worked in last 3 months before holiday or sickness. So that's the basic introduction about my contract.

Now I've been put on quarantaine (self isolation) by the company but have been told company is not paying for that absence, what is weird for me, apparently some changes in policys have been made because of Covid going but no one know or have seen those changes.

I'm curious if that's legit thing, to make that changes without informing anyone, anyhow I would like to know if they really can not pay me.
So I've been of for 2 weeks, few days after that I've done test and it came out negative, so I've shown that to my manager and wanted to get back to work. I have been told I can't get back any sooner without giving me any reason for that. If isolation is to protect emplyees and I'm not infected and there's no risk of me spreading Covid then what's the point keeping me of work.

Can they keep me off work just like that using Covid excusess and not pay me for that when I'm entitled to get payed for my absences (even when company is keeping me of work), despise the fact I provided a valid proof I'm not infected and can normaly get back to work?


Thank you for any help,
Kind regards.

[paulajayne]

" I have a question about that stupid Covid restrictions."

Have you noticed that people are dying?

Why were you placed on self isolation?

[Kaz_89]

Ouuhh yes I really did. Did you notcied there's more peoples dying from hunger or cancer or even simply by the age and you not point this out, aren't you ?
Too focused on Covid I belive to see further than that, but let's leave that digression.


I've described the whole situation giving as much details as possible and just wanted some feedback about described situation. I think the reason why I've been put on self isolation is irrelevant but for the sake of that question, lets say I spend some time in one of countries which been put on self isolation list.

[paulajayne]

The reason you were placed on isolation is relevant as if it was a "self inflicted" reason (Holiday etc) then why should you be paid?

Can you not take this period as holiday.

It was not a digression in that the company is required by law to protect its staff - you included.

[ULA]

To be able to provide the best possible guidance to you we often have to ask further question and in this case an understanding of why your company requested you to self isolate is important to know.

If you did spend time in a country that is on the quarantine list then you are required to isolate for 14 days.

Under the guidelines if you are returning from holiday and you have to self-isolate then if you cannot work from home you will not automatically be entitled to statutory sick pay. An employer can choose to pay the employee an amount equivalent to SSP, or a higher amount of pay, if they want to but this would be in line with any company policy and they are not obliged to. The other option would be to offer you to take holiday if you have nay outstanding and you do not want to lose pay.

[Kaz_89]

Ok, I'm not talking about SSP, the thing I mean is OSP. By the contract I'm entitled to have 4 weeks of OSP which is calculated by average amount of hours from last 3 months and everyday of absence which I should work is payed that way.

So if I'm sick and provide sick note from GP for lets say 2 weeks I'm getting payed OSP for that time, that's how my contract stands for. Where's the difference between this self isolation and just simple sicknes. I'm off work in both cases and entitled to have OSP

[ULA]

Is OSP stated in your contract of employment or is it contained in a company sick pay policy.
Is there anything that refers in the relevant contractual clause or policy to state OSP is discretionary?
Is the payment under OSP subject to proof either by self certification or Dr certificate if over 7 days?

[Kaz_89]

A part of my contract about sick pay.
(After you have completed 2 years continous emplyement with the company you will receive full pay for a total of four weeks absence due to sickness during twelve month period) Yes I'm for much more that 2years with company and no I'm not taking any sickness unless I'm unable to move or end up unconscious in hospital, so I have all 4 weeks available to use.

OSP is stated in my contract and detaily explained in internal company "handbook"

Yes to self certification or Dr certificate is required

[paulajayne]

Asking again as it is relevant.

"Why were you placed on self isolation?"

[Kaz_89]

Just read previous messages

for the sake of that question, lets say I spend some time in one of countries which been put on self isolation list.

[ULA]

Thank you for the responses to my questions and posting up details of the clause.

Strictly speaking if you do not develop COVID19 symptoms you are not sick and therefore you are unlikely to be given a Dr certificate which is what is required for you to be paid under the OSP.

Is there any way that you can do your job from home or is anything else you could ask your employee to be doing remotely which would benefit the company but also enable you have some level of salary?

[Kaz_89]

Yes technicly speaking I'm not sick and can't provide Dr note but from the other hand while I can't work even when I'm healthy, having negative test proving I'm not infected. So even when I can work and employes is keeping me on isolation they don't have to pay for that time because I don't have a Dr sick not and It's impossible to get one.

Unfortunately I can't work from home, there's nothing I can do remotely to obtain some samalry.

[ULA]

Unfortunately given the current pandemic situation employers and individuals need to follow the latest published guidance which is, that if you are coming in from a country that is on the quarantine list, however short the notice given that it will go on the list, you have to self isolate for 14 days.

Your employer owes a duty of care to all employees to safeguard their health and safety and they would not be carrying out that obligation if they allowed staff back to work as soon as they return from holiday if they have been to a country on that list.

[Kaz_89]

OK so let's make it straight cuz i see you loosing the point.
Based on the provided info, my question is


Can emplyee not pay me for self isolation ??
If YES, what's the legal reason behind it
If NO, what's the legal reason behind it
End of question.


Thank you

[paulajayne]

Contract of employment and government guidelines are your start point.

I may be incorrect but you were in countries that were deemed to be high risk, if you were there against advice then it is likely that your contract can allow no salary during the period of isolation.