We are now starting to get calls saying that employees have been told to self-isolate or are intending to self-isolate and asking what the “rules” around this are and what do employers need to do, so we hope this is a helpful briefing note.
Employees must self-isolate if:
- They have symptom of coronavirus (a high temperature, a new continuous cough or a loss or change to their sense of smell or taste)
- They have tested positive for coronavirus – this means they have coronavirus
- They live with someone who has symptoms or has tested positive
- Someone in their support bubble has symptoms or has tested positive
- They have been told to self-isolate at NHS Test and Trace or the NHS COVID-19 app
- They arrive in the UK from a country with a high coronavirus risk
Employees only need to self-isolate if the above apply to them. They do not need to self-isolate unless told to do so by the NHS Covid-19 app or the NHS Trace and Trace Service. However, if they have, or think they may have, been in contact with someone who has symptoms of COVID-19, they must maintain scrupulous social distancing and other measures such as frequent hand washing and use of appropriate antibacterial gel. Detailed information is available here:
https://www.gov.uk/government/publications/guidance-for-contacts-of-people-with-possible-or-confirmed-coronavirus-covid-19-infection-who-do-not-live-with-the-person/guidance-for-contacts-of-people-with-possible-or-confirmed-coronavirus-covid-19-infection-who-do-not-live-with-the-person#:~:text=Self%2Disolation%20guidance.,friends%20and%20the%20NHS.
Employees do not necessarily need to self-isolate because their child has been sent home from school unless the child develops symptoms. We do suggest you are empathic in this situation especially where the employee has young children and will need to stay at home with them if they can’t get childcare. Some options might be for the employee to use holiday or take time off in lieu or agree to make the time up on their return. Alternatively, of course, you could pay them or agree a reduced payment with them rather than an unpaid period of time off which would be the default position.
Entitlement to Statutory Sick Pay
Employees are entitled to statutory sick pay for the period they are self-isolating (EXCEPT if that self-isolation is in relation to their return to the UK from abroad) in the circumstances set out above, provided they supply you with a NHS self-isolation note which they can get via https://111.nhs.uk/isolation-note/
If employees choose to self-isolate without being told to so or without one of the criteria above applying, they are not entitled to be paid.
Employees can work from home whilst self-isolating if they are able to do so and are not unwell. If they work from home they should be paid as normal for the hours worked. If currently on flexible furlough and therefore work some but not all of their hours they should be paid for hours worked and furlough rate for hours not worked. You may require them to submit a timesheet to verify hours worked and hours furloughed.
If the employee becomes unwell and is unable to work (even flexibly) or the are unable to work from home, they will be entitled to statutory sick pay.
How long must they self-isolate for?
- If the employee themselves has or develops symptoms they must self-isolate for 7 days
- If they are self-isolating for one of the other reasons above, they must self-isolate for 14 days
What about travel abroad or returning to the UK from abroad?
We issued a Travel Policy back in August and suggest that you issue this to your employees. You can access this by signing up to our Advice Line service.
The NHS Test and Trace App
The Government launched the app this week and for most people it is easy to download on their Smartphone. The app is easy to use and provides a venue check-in making it easy to register when visiting a venue as well as a symptom checker and the latest advice. We suggest you encourage all employees to download the app.
Can I tell an employee to come to work if they are self-isolating as set out above?
NO! It is now an offence for you to so do, or to knowingly allow an employee to work if they are meant to be self-isolating. You will face a fine starting at £1,000 if you do so. In fact, you have a duty to now prevent an employee from attending the workplace whilst self-isolating – although they can still work from home, assuming they are not unwell, for which you would pay them as normal.
Employees also have a duty to tell you that they are required to self-isolate and if they breach that self-isolation will be committing a criminal offense which is also subject to a fine. It may also be a disciplinary offence and if you might treat it as such you must make employees of aware this.
We have drafted a communication for you to issue to your employees should you wish. You can access this by signing up to our Advice Line service.
Our Support and Advice
Please do talk to us if we can help in any way, we are here to support you.
Guidance and support
We are constantly updating and adding to our Coronavirus Dropbox. Support for getting your business going is available by signing up for our Advice Line service.
Please note, this briefing is accurate at the time of writing and intended as guidance, it is subject to change as the COVID-19 and Government advice changes; it is not intended to replace advice so please do call us if you have any queries.
