ADVICE
COVID-19
Can I make staff returning from countries on the quarantine list take unpaid leave?
M
ore and more countries are being added to the government’s quarantine list at the drop of a hat, causing anger, dismay and confusion. It started with the sudden decision towards the end of July to slap a 14-day quarantine on people returning to the UK from Spain as well as the Balearic and Canary Islands. The Bahamas, Belgium, Andorra and Luxembourg were subsequently added, and from August 15, people returning from France, the Netherlands, Malta, Monaco, Aruba, as well as the Turks and Caicos Islands also now have to self-isolate for a fortnight – a measure the government has said is needed to minimise the spread of coronavirus. Those who don’t comply with the order face being fined up to £1,000 in England, Wales and Northern Ireland, while those going back to Scotland may be fined £480 – and up to £5,000 for persistent offenders. How it affects pay and annual leave has been a hot topic. But can staff be forced to take unpaid leave? Car Dealer has examined the contentious issue, including that of sick pay, and provides the answers, with the help of Lawgistics… Kiril Moskovchuk, who is a legal adviser at the consultancy for the retail motor industry, told Car Dealer that employees returning from places on the quarantine list will have to self-isolate but they won’t be entitled to statutory sick pay unless they develop symptoms or have another reason to claim. ‘Technically, if they cannot work from home or another place where they are selfisolating, they will not be available for work, and it will be an unpaid leave,’ he said. But there is a solution – sort of… ‘A better alternative will be to agree an extension of annual leave in advance to cover the required quarantine. ‘You may direct your employees to take annual leave to cover the quarantine period, subject to the usual notice requirement. ‘Bear in mind that you can give notice when the employee is away on leave but you need to make sure the notice is communicated and read, so if your employee checks his emails on leave and responds, either opposing, this should Car dealer new strip ad accepting Revised or4/4/18 12:01 Pagebe1 fine.’
ONE dealer group boss told Car Dealer in July: ‘We’ve got a number of staff on holiday in Spain and have told them they’ll need to take unpaid leave when they come back or extra holiday. ‘We can’t afford to pay them for this time off and we’re already running with fewer staff. ‘While the quarantine rules are unavoidable, we can’t cope with paying out for staff having more time off. It’s hard enough as it is at the moment.’ Information here is correct at the time of publication but in the current climate may change at any time. For the latest updates, visit our website at cardealermagazine.co.uk and gov.uk/coronavirus
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