Pay dispute / quarantine rghts

[danboy775]

I was hoping to get some guidance on where I stand from a legal perspective with regards to my current situation.

I have been working on a vessel for the last 5 weeks, we had a crew change last week and a few days after crew change two of the new joiners reported to the medic with COVID symptoms.
We returned to port on Monday and the two crew members were removed. The rest of the crew, myself included were advised to isolate ourselves as much as possible due to the fact we had been exposed and were potentially infected.

Last night we were removed from the vessel and sent to a hotel where we are being held in quarantine for 2 weeks. Our employer has said that since we are no longer on the vessel we are no longer entitled to our day rate that we get paid for every day when we work away.
I was wondering where we stand legally on this.

The way I see it, we were exposed to the virus due to a failure on the companies part and are now suffering a loss of earnings due to that fact. We also are unable to return home as I live at the other end of the country but I have been told that I must quarantine in the hotel and abide by company rules.

[ULA]

I think the issue may be that the company is adhering to revised legislation that was brought in on 28 Sept, being that you were aboard a ship with 2 crew members who tested positive for Covid. So not just company rules but legislation as well.

Is your day rate that you get paid when you work away in addition to your salary/wage? If so is your salary/wage still being paid?

[danboy775]

Hi Ula, Thanks for the reply. Not sure if it would be relevant but the infected crew members travelled through three countries before joining the vessel. Is your day rate that you get paid when you work away in addition to your salary/wage? That is correct, I get paid a base salary every month. Then an additional day rate for however days I was away working. If so is your salary/wage still being paid? Yes salary gets paid every month.

[ULA]

I am not sure how relevant the fact that the infected crew travelled through 3 countries is. The new legislation that came into effect here in the UK, as I understand it, means that your employer would be liable to a fine if they allow you into your place of work i.e. in your situation the vessel, if you either have symptoms of Covid or been in contact with someone who has when you should be self isolating for the required amount of time, as set out by the current guidance.

Effectively the day rate for working away from home is an allowance only payable in those situations. I know you may not feel like it is unfair but at least your employer is paying your basic rate of pay whilst you are in self-isolation and not able to work. Sick pay would not be possible to pay in this sitution as unless you develop symptoms of Covid you would not be considered sick. There are some employers who would not be paying their staff any salary unless they could work from home for self isolating, so either that person would have to take unpaid leave or take it out of their annual leave entitlement.

I do appreciate it is all very tough at the moment and lots of people are being affected in so many ways.

[danboy775]

Thanks for the input Ula. That's right, there are people in a whole lot worse situations at present so I am thankful in that respect.

[ULA]

I did think of another question is your employer paying for the hotel?