Childcare Counsel: pay for quarantined staff

What pay is a quarantined employee entitled to?

Employees returning from overseas will, in the majority of cases, no longer be required to self-isolate for 14 days since the rules changed on 10 July.

However, the 14-day quarantine period still applies to travel from countries not listed as exempt, and the recent removal of some countries from the travel corridors list shows that major overseas destinations can be affected at little or no notice.

It is an offence to fail to adhere to the self-isolation requirement. An employee may be fined up to £100 if they refuse to provide their contact details. They may also be fined up to £1,000 if they refuse to self-isolate, and could face further action.

If an employee can work from home during their self-isolation, they should continue to be paid as normal. If they cannot, then such an employee is not able to work and so the implied right to be paid would not apply.

It is also unlikely an employee will be entitled to Statutory Sick Pay. An employee will only qualify if they are known to be infected or have been in contact with someone who is. If an employee is simply self-isolating following a return to the UK and has no symptoms and has not been in contact with someone who has tested positive, then they won’t be eligible for sick pay.

Employees in this situation may wish to use their annual leave during the period of self-isolation so that they are paid in full rather than have no pay. However, it is unlikely the employer could force them to take their annual leave, because they will effectively be confined to their house and the rest and relaxation purpose of annual leave may not be met.

An employer cannot reasonably tell an employee not to travel overseas or to discipline them if they do. The advice is to tell staff in advance what the position would be in relation to pay if they have to self-isolate.

For further information, email: hbelton@morganlaroche.com