Can Employer Force Holiday for Quarantine?
Discussion
Our company put a memo out yesterday to say that if you travel to a country that's deemed safe at present, i.e. France, and then the rules change whilst you're away to say that you must quarantine when you are back (as has just happened in Spain), then you are obligated to take that 14 day quarantine period as annual leave or unpaid leave, even if you have the ability to work from home.
Is that even legal?
I have been working from home since 22nd March, and have seen no one from outside my household in a work capacity since that date. Yet although I have the ability and equipment to do my job from home, if this situation occurs to me I will be forced to take 14 days unpaid leave, or use my holiday allowance to quarantine, even though I can continue to work from home perfectly safely whilst quarantining.
Apparently this is to 'make it fair' for those who don't have the ability or equipment to work from home, but that's not true it it, it's just making it equally unfair for those who do...seems highly dubious to me!
Is that even legal?
I have been working from home since 22nd March, and have seen no one from outside my household in a work capacity since that date. Yet although I have the ability and equipment to do my job from home, if this situation occurs to me I will be forced to take 14 days unpaid leave, or use my holiday allowance to quarantine, even though I can continue to work from home perfectly safely whilst quarantining.
Apparently this is to 'make it fair' for those who don't have the ability or equipment to work from home, but that's not true it it, it's just making it equally unfair for those who do...seems highly dubious to me!
Edited by OriginalFDM on Thursday 30th July 15:32
Like all of these Covid/Employment threads, it's about how risk averse you are, and how much you really want to have a job to come back to, at a time of mass unemployment.
I've been WFH since mid-March, and have no intention of returning to my office until next year. I should be sat in the sun at my parents' place in Spain right now, but we took the view that air travel carried a potential risk (even if isolated at out destination) so are going camping at a very well run and socially distanced camp site in the New Forest using all our own facilities.
It seems a harsh but fai' policy to me, given that not everyone can WFH. Not really sure why people are getting in a tizz about it, the world is far from back to normal yet, so any holiday plans should be massively scaled back.
I've been WFH since mid-March, and have no intention of returning to my office until next year. I should be sat in the sun at my parents' place in Spain right now, but we took the view that air travel carried a potential risk (even if isolated at out destination) so are going camping at a very well run and socially distanced camp site in the New Forest using all our own facilities.
It seems a harsh but fai' policy to me, given that not everyone can WFH. Not really sure why people are getting in a tizz about it, the world is far from back to normal yet, so any holiday plans should be massively scaled back.
stumpage said:
Seems fair to me.
You have chosen to go away, you have taken the risk, why should the company pay? and yes is it unfair on your colleagues who can't wfm.
The government advice at the time of travel, in this hypothetical situation, is that its safe and legal to do so. You have chosen to go away, you have taken the risk, why should the company pay? and yes is it unfair on your colleagues who can't wfm.
But putting aside that, the whole point is that there is no reason for me to take ‘time off’ to quarantine if I can work at home, in isolation, so why should I be forced to be unproductive for two weeks at my expense when I’m fit and healthy and able to carry out my duties?
In this example there is no legal reason for me to be refused permission to work unless I’m missing something?
PurpleTurtle said:
Like all of these Covid/Employment threads, it's about how risk averse you are, and how much you really want to have a job to come back to, at a time of mass unemployment.
I've been WFH since mid-March, and have no intention of returning to my office until next year. I should be sat in the sun at my parents' place in Spain right now, but we took the view that air travel carried a potential risk (even if isolated at out destination) so are going camping at a very well run and socially distanced camp site in the New Forest using all our own facilities.
It seems a harsh but fai' policy to me, given that not everyone can WFH. Not really sure why people are getting in a tizz about it, the world is far from back to normal yet, so any holiday plans should be massively scaled back.
I’m not in a tizz, but likewise I don’t want to lose £1500 on a few nights away when, at present, the government advice is that it’s relatively safe and 100% legal to do so. I've been WFH since mid-March, and have no intention of returning to my office until next year. I should be sat in the sun at my parents' place in Spain right now, but we took the view that air travel carried a potential risk (even if isolated at out destination) so are going camping at a very well run and socially distanced camp site in the New Forest using all our own facilities.
It seems a harsh but fai' policy to me, given that not everyone can WFH. Not really sure why people are getting in a tizz about it, the world is far from back to normal yet, so any holiday plans should be massively scaled back.
Of course if that advice changed and the FCO advises against non essential travel then of course we wouldn’t travel.
However should the current advice stand, can’t see any legal grounds for being refused permission to work should I have to quarantine when I return, considering I am carrying out my role 100% remotely and have been since March.
OriginalFDM said:
In this example there is no legal reason for me to be refused permission to work unless I’m missing something?
The claims of unfair treatment from the staff that cannot have the luxury of WFM. Employers need to treat ALL staff fairly. Anyway as previously stated just keep your mouth shut about where you are holidaying.
OriginalFDM said:
...there is no reason for me to take ‘time off’ to quarantine if I can work at home, in isolation, so why should I be forced to be unproductive for two weeks at my expense when I’m fit and healthy and able to carry out my duties?
You're not available to go in to work during that period, if required.JxJ Jr. said:
OriginalFDM said:
...there is no reason for me to take ‘time off’ to quarantine if I can work at home, in isolation, so why should I be forced to be unproductive for two weeks at my expense when I’m fit and healthy and able to carry out my duties?
You're not available to go in to work during that period, if required.Unfortunately I don’t have the option of keeping shtum about where I’m going (or maybe not...), my boss is well aware of my plans from when I booked it.
OriginalFDM said:
If required being the point, I haven’t been required since March 22nd, so assuming I’m still not required...
A reasonable assumption that will likely prove correct. However, aside from the fairness issue already mentioned, a clear, unambiguous policy in the face of a changing and unfolding situation is preferable from the company's perspective.What happens in a few months, if/when people start to go back in - those that went to certain countries can say "I'm working from home", those that went to other countries can't? What happens if the quarantine period gets extended to 3 weeks? It's better, for the company, to put the onus on the employee.
Jasandjules said:
I would suggest it would be difficult for a company to refuse to pay you for a 14 day period where you are able to work from home and have made yourself available to work.
Out of interest is there a legal reason for that? I ask because we have the same policy, and its because we're allowing working from home only on the assumption you can come to work if needed. If you are self isolating you can't come in. We kept the policy arcoss the site so shift workers don't complain they are being treated unfairly in comparison.I get that some roles can work quite effectively from home but when you start cherry picking which polices apply to people, that way anarchy lies...
lol - reading this thread is comedy.
here is a prediction then.
you all keep travelling and taking your holidays.
check back onto this thread at Christmas.
The virus will still be here, because you have to go on holiday and you have to interact with others.
and best of all, you think it is your employer to blame.
here is a prediction then.
you all keep travelling and taking your holidays.
check back onto this thread at Christmas.
The virus will still be here, because you have to go on holiday and you have to interact with others.
and best of all, you think it is your employer to blame.
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