Employer restrictions on out of work activities?

[Condi]

Can anyone help with this please, and tell me if it is enforceable?

My employer has a policy of requiring all staff to isolate for 14 days if they have been abroad. Large numbers of staff however are exempt under the UK government rules due to the work we do, and this has been confirmed by the Border Agency. We also work shifts and so get week's off at a time, which are often used to travel or go on holiday.

My opinion is that the 14 day isolation period is a unfair restriction on our time out of work, and should not be enforceable as we are exempt according to the UK government rules. Is this assertion correct, or are employers entitled to put restrictions on your free time out of work?

[Condi]

Drumroll said:

Not sure they are putting restrictions on your free time. They have laid down a policy stating if you go abroad you will have to isolate for 14 days. They are not stopping you going abroad.

True, but as some of us have to work on site, it means if we do go abroad we cannot work for 2 weeks afterwards, and so it does restrict what we are able to do with our week's off?

[Condi]

GT03ROB said:

They are not restricting what you can do though in your off time as previous poster said. They are restricting what you can do from a work perspective.

Ok, but by preventing us from working for 2 weeks, following a trip abroad, they are effectively preventing us going abroad, no?

[Condi]

djc206 said:

If I’ve read this right you’re basically saying the company wants you to isolate for 14 days regardless of destination (pretty stupid) and you’re asking whether they can force you to do that? Are you also asking if their demand for you to isolate after any officially unrestricted foreign travel is reasonable and whether they should be allowing you/paying you for those additional 14 days off?

It does seem if I’ve read this correctly that they would in effect be preventing you from going abroad for any days off or leave you have by imposing a condition on your return that’s not in line with government guidance.

This is correct.

Although irrespective of any green/amber/red countries, we were already officially exempt from the 14 day government isolation policy due to the nature of our work. Many of us cannot work from home either, so if we do want to go abroad we cannot work until 14 days after our return, which I see as a restriction on use of our free time.

[Condi]

TonyRPH said:

Think about it like this; The government has declared that after visiting 'red light' countries, upon return you must self quarantine for 14 days.

Therefore, if you go on holiday to one of the 'red light' countries, that means you cannot return to work for 14 days after returning from your holiday.

So in effect, this is what your company is telling you, not so?

I would venture that it's also not unreasonable of your company to expect you to self quarantine even if you visited a 'green or amber light' country.

Ultimately, they are leaving it up to you to decide whether it's worth going abroad or not.

I would venture is is entirely unreasonable for the company to expect us to self quarantine from a green or amber country if the government has decided we do not need to.

[Condi]

Drumroll said:

Condi said:

Ok, but by preventing us from working for 2 weeks, following a trip abroad, they are effectively preventing us going abroad, no?

No, where have they said you can't go abroad? All they are saying in doing so you will need to take 14 days off. Not the same thing.

Sorry if you are not getting the answer you want.

I appreciate that, its got nothing to do with the answer I want - but are they allowed to say that we need to take 14 days off following a trip out the country?

[Condi]

TonyRPH said:

Yeah I understand your view, but it sounds as though your employer is trying to protect their interests and those of their employees, which can only be a good thing surely?

How would you feel if one of your colleagues took a holiday in a green light country, returned with Covid-19 (not impossible) and then passed it on to you?

I would contend that there is far far more chance of picking Covid-19 up in the UK than in many European countries, even more so now we can go back to the pub. They are obviously trying to protect employees, but in a way which isn't proportional to the risk.

[Condi]

jimPH said:

Do you work in oil and gas?

I've seen they are exempt, however it's only for those traveling through to go to work. I'm not exempt even though I'm on the list as an oil worker.

Also, there have been outbreaks on rigs and no one wants to shut a vessel down at $500k/day.

No, not O+G. Utilities though.

As far as I know the exemption has nothing to do with work, certainly ours doesn't, the wording is simply that anyone with certain skills is exempt, and there is no legal restriction on travel, just advice to avoid all but essential travel. We have a letter from the CEO saying we are 'critical', if you have something similar then you're also exempt

[Condi]

PF62 said:

I would suggest you are mistaken - https://www.gov.uk/government/publications/coronav...

Which bit is incorrect?

There is no restriction on travel out of the UK, and if you are returning and work in one of the essential categories listed then you're exempt from isolation?

[Condi]

PF62 said:

So has your employer, who doesn't want you to leave the UK, given you a copy of the letter required?

Yes. It says we are 'critical' to the continued business activities.

[Condi]

PF62 said:

It isn't a general letter which is required, but a letter which details the work you will be doing - which will be hard since they don't want to see you for two weeks.

The Border Agency even signed the letter saying exempt from isolation.

[Condi]

jimPH said:

It doesn't work like that. Just because you are exempt with work, doesn't give you free reign to do as you please. I get the feeling you think you can go on holiday with your family or mates then go back to work. Have a think about that.

If you are traveling with work, you travel under a strict policy. You don't travel under policy outside of work and therefore are not exempt when not at work.

We'll agree to disagree there. All it says is that you'll be doing essential work when arriving in the UK. Nothing to say there are any restrictions on you going abroad in the first place. Nowhere does it say you have to be travelling for work either. You just have to be doing a specified role on your return. If you choose to go on holiday and are coming back to do essential work, by the letter of the law, and by the acknowledgement of the Border Agency, you haven't done anything wrong.