Being asked to go home due to Asthma -Coronavirus

[d8mok]

Quick question for the well versed in employment

I work for a large company on a low basic wage and commission. Only had 2 sick days in 15 years to give context

Today was asked to sign to say we will accept SSP if we are off , or if we are asked to go home due to being a risk.

Then 1 hour later asked what medical conditions we have. I have asthma which is controlled and I receive the flu jab. From what I can gather I will be asked to isolate for 12 weeks from Friday.

Are they allowed to send me home due to my asthma , and then then pay me only SSP? I have no symptoms and I’m probably the healthiest person there in terms of gym 6 days a week and cycling 3 times without issue.

Thanks

[sociopath]

It's not about you it's about everyone.

If you're classed as vulnerable they're doing the right thing.

[d8mok]

The right thing by putting me on sick pay when I’m not sick ?

I understand if I was poorly but they aren’t saving anyone else , and hurting me financially

I’d be forced to leave and take a different job if that was their angle as I can’t pay my bills on £90 a week.

[cossy400]

Ive been asked about my Asthma today, the only thing saving me is im a lorry driver and i spend 90% on my day alone and dont have to really get with in 2 metres of anyone.

but im still not convinced and think they might implement something as an arse covering exercise

[d8mok]

I think it’s definitely a arse covering exercise but also making sure it doesn’t cost them anything.

I could survive on my basic wage for a while if I had to. But not on £90 a week. Company car contribution would take most of that

[edc]

Enforced unpaid or SSP depends a lot on the contract. Broadly in many situations if you are ready, fit and available for work then whether there is work or not the Company should pay your salary.

[d8mok]

Are there any links online which I can use to help my case at all?

Don’t really want to be off due to earning no commission but to also earn no basic wage is a no go for me.

If I’m forced to be off but only on basic wage then I could live with it if I had too.

[Jasandjules]

What does your Service Agreement say?
Exactly.

[sparks_190e]

sociopath said:

It's not about you it's about everyone.

If you're classed as vulnerable they're doing the right thing.

This is true. It's a right arse, but it's the right thing to do.

[d8mok]

Jasandjules said:

What does your Service Agreement say?
Exactly.

My contract ?

I’ll have to dig it out. It’s been a while since I signed it.

[Jasandjules]

d8mok said:

My contract ?

I’ll have to dig it out. It’s been a while since I signed it.

Yes. The other question then is what are you actually willing to do about it...

[d8mok]

Sorry I don’t follow?

I was hoping to have some info to argue my case that I can either stay at work , or if sent home at least I get paid my basic wage.

[Jasandjules]

d8mok said:

Sorry I don’t follow?

I was hoping to have some info to argue my case that I can either stay at work , or if sent home at least I get paid my basic wage.

Well they can order you to leave and as a general rule that would mean a failure to follow a reasonable instruction could be considered a disciplinary event up to and including dismissal. On the other side of the coin there is a possibility that their sending you home would mean according to your contract they would be required to continue to pay your salary.

Hence the request for the term in the Service Agreement (Contract of Employment)

[InitialDave]

d8mok said:

Today was asked to sign to say we will accept SSP if we are off , or if we are asked to go home due to being a risk.

Did you?

[Muzzer79]

For our staff, we are sending home vulnerable people but not paying full wage.

If people can’t afford to self isolate, we are letting them work with a disclaimer.

Perhaps offer to sign a disclaimer. It’s harsh that they’re just bunging you on SSP without a thought for your life.

[d8mok]

Jasandjules said:

Well they can order you to leave and as a general rule that would mean a failure to follow a reasonable instruction could be considered a disciplinary event up to and including dismissal. On the other side of the coin there is a possibility that their sending you home would mean according to your contract they would be required to continue to pay your salary.

Hence the request for the term in the Service Agreement (Contract of Employment)

I will find my contract and employee handbook tomorrow. Is their a section I need to be looking for in particular?

I never thought I’d be fighting with them to go to work. Most of our salaried staff already have started to work from home , or off because they don’t want to take the risk.

[d8mok]

InitialDave said:

Did you?

No not signed anything yet

[d8mok]

Muzzer79 said:

For our staff, we are sending home vulnerable people but not paying full wage.

If people can’t afford to self isolate, we are letting them work with a disclaimer.

Perhaps offer to sign a disclaimer. It’s harsh that they’re just bunging you on SSP without a thought for your life.

That’s maybe a option I can suggest. For context my basic is low (£1166 a month for a 6 day week) so I don’t think it’s unreasonable to want to be paid enough to pay my bills and eat. Commission obviously won’t happen which is fair enough.

[Jasandjules]

d8mok said:

I will find my contract and employee handbook tomorrow. Is their a section I need to be looking for in particular?

I never thought I’d be fighting with them to go to work. Most of our salaried staff already have started to work from home , or off because they don’t want to take the risk.

Scan it and email it to me. I will take a look - off the record etc.

[d8mok]

Many thanks I will send you a message tomorrow.