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Employer Update – COVID19 Travel Rulings & Guidance

On 26th July the UK re-imposed that anyone returning from Spain must quarantine (self-isolate) for 14 days.

How Can Employers Handle the 14 Day Required Quarantine Period?
There are a number of pre-planned actions that employers can take such as:
• Discourage business related travel if possible and instead carry out meetings electronically.
• Have a conversation with any employee visiting a country which will require them to quarantine upon their return. Discuss how this quarantine period will be handled and ensure the employee is aware of the guidance relating to the country they are visiting.
• Ensure you as an employer are aware of any last-minute changes to the ruling around quarantine and inform your employees that a plan can be agreed and implemented.

When a staff member returns from a country that requires a quarantine period, an employer has four main options to chose from with their employee. These are:

Remote working from home: If they can, then employees should be allowed to work from home for the 14-day quarantine period. If their role cannot be carried out via remote working, then it is unlikely they will be able to claim Statutory Sick Pay (SSP); this means it may go unpaid (see below).

Unpaid leave: If home working is not possible then as an employer you may agree with the employee that they can take the 14 days as unpaid leave. You must ensure this is fully explained to the employee and that they understand they will receive no pay including no sick pay for this time period.

SSP: As mentioned above, at present those returning from quarantine required countries are not eligible to claim SSP; quarantine cannot be treated as sick unless the employee genuinely is ill. If they or anyone in their household is experiencing symptoms of COVID19 then they may be able to claim SSP through this, also, those who are self-isolating as a result of the test and trace scheme are eligible to claim SSP. If an employee who is in quarantine should begin to experience symptoms of the virus during this time, then the usual rules regarding SSP for those with symptoms will apply.

Annual leave: Employers could consider introducing travel restrictions should the 14-day quarantine period be applicable via a temporary company policy stating this period must be taken as annual leave; however, employers should keep in mind that this is not an easy process. This could be seen as a breach of contract and could therefore cause employees to dispute this, or even leave the company and claim constructive unfair dismissal. The decision to do this should not be made in haste without proper consideration. Though some employees may agree to use annual leave for this period as opposed to unpaid leave, others may not.

What if my employee is already on holiday abroad and quarantine rules are imposed?

Employers should be flexible with employees who are already on holiday or about to depart when quarantine upon return is suddenly imposed. The priority for both employers and employees in these situations should be to remain home for 14 days to prevent the potential spread of the virus. The above options should be referred to in this instance and SSP cannot be paid for quarantine, only if the employee is self-isolating due to themselves or someone in their household showing symptoms or being diagnosed with Coronavirus.

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