As the UK has started to re-open its borders and the prospect of summer holidays are becoming a reality again, it is important to keep up to date with your obligations as an employer on quarantine periods. The Foreign and Commonwealth Office is still advising against all non-essential travel but this has not precluded the possibility of a summer holiday. Many holiday destinations have been placed on an exempt list for travel, meaning there is no recommended quarantine period upon returning to the UK. However, the list changes extremely quickly, as seen from the recent decision to remove Spain from the exempt list. There is therefore a strong possibility that when returning from holiday a quarantine period of two weeks could be required.
Quarantine periods have been put in place so that anybody (UK national or not) will need to quarantine for a period of two weeks if they enter the UK from any country not currently on the exempt list. The most recent removals from the exempt list include Spain, Belgium and the Bahamas.
With this being a fast changing area of regulation and the UK Government needing to act efficiently in responding to changes in the infection rates across the globe, it is entirely possible that the rules could change whilst you or your employees are on holiday.
With that in mind, what, in terms of employment law, do you need to be aware of in relation to quarantine periods?
If your employees are able to work from home, this should not cause too much disruption to your business' routine. Your employee will be able to return to work from home as soon as their holiday ends. For those who cannot work from home, or for those businesses who do not currently have capacity to support home working, the situation becomes more complex.
This can especially be the case where you may not be content to allow an employee such a long time off work. For example, an employee having a two week holiday, would be off work for four weeks in total. For many employers and employees this is not a practical amount of time to be off work with little or no pay. In those circumstances, holidays may therefore need to be cancelled or postponed.
It would be inappropriate for an employer to suggest an employee cancel their holiday plans or introduce policies which prohibit holidays abroad. Employers should therefore approach any holiday discussions with a clear outlook on what they can and cannot comment on.
However, for those still wishing to go on holiday, what are the options for dealing with such a long period of absence?
There are a number of ways this can be dealt with and it will be a balancing act in finding what works best for your business and suits your employees, depending on factors like the sector you work in.
Employers should encourage employees to discuss these options before going on holiday. We would always encourage employers to be proactive in dealing with potential issues. An employer may wish to deal with this as a whole across the business by implementing a policy on quarantine issues, or by making a business wide announcement to avoid confusion for employees.
The potential disruption to your business means it may be beneficial to plan for the eventuality that employees will need to quarantine and encourage them to do so. To do this, would require employees informing you of their holiday plans well in advance.
As such, it is likely to be inappropriate to discourage employees from travelling abroad, or to punish them for going abroad. The preferred approach would be a sensitive one which could encourage employees to discuss plans and work out whether taking extra leave (paid or unpaid) is appropriate. It is worth making employees aware that they do not qualify for statutory sick pay whilst quarantining, so that they understand their options are as follows:
- Taking more of their holiday entitlement to cover the quarantine period;
- Unpaid leave; or
- An arrangement to work from home if appropriate.
Furthermore, employers should not be asking employees to return to work in the quarantine period as set out by the Government guidance. This would not only be inappropriate for the safety of other employees but also customers. The detrimental impact it could have on your business, coupled with the potential employment claims this could open your business up to, is not worth the risk.
The arrangements identified above are not designed to constitute legal advice which will work in every eventuality. It is important to seek legal advice in this situation to ensure you act legally and sensitively in the circumstances.
At Clapham & Collinge we pride ourselves on the work that we do with employers to include businesses and charities to achieve the best performance from their staff but also to protect employers from future claims. Click here for more information on the employment law services we offer to businesses.
If you need specific advice on quarantine periods or when dealing with employees in any COVID-19 related situations, please get in touch with our specialist employment team on 01603 693500 or by emailing us at enquiries@clapham-collinge.co.uk.
