Short-term changes to quarantine exemptions have not just caused chaos in airports this summer: they have significantly impacted businesses whose employees travelled abroad. With infection rates continuing to rise internationally, how can employers minimise future disruption?
Practicalities
Any employee travelling into England from a non-exempt country is required to self-isolate for a period of 14 days (unless an exempt worker). They must not be encouraged or permitted by employers to attend work, which would be a criminal offence. Subject to agreement with their employer, during that period they may work from home if able to, take additional paid holiday leave, take unpaid leave or take special paid leave.
Pay
Employees have entitlement to statutory sick pay – or the £500 Covid-19 (Coronavirus) low-income self-isolation support payment. This has not been extended to cover quarantine following travel. Employers are not required to pay employees for the quarantine period unless they are able to work from home or use paid holiday leave. They may choose to grant special paid leave, or pay sick pay in defined circumstances, for example, where an exemption is removed unexpectedly during travel.
Discipline
There are evident risks in disciplining employees for unauthorised absence due to compliance with quarantine requirements. Dismissals could be found unfair, even less severe sanctions could result in constructive unfair dismissal claims.
Disciplinary measures should be approached with caution, taking all circumstances into account. An employee who had to travel abroad due to a family emergency would clearly merit different treatment from another who chose to book a holiday in a non-exempt destination.
Importantly, a formal sanction imposed due to a breach of a properly communicated policy, addressing employer expectations and the potential consequences of employee travel plans, is more likely to be justifiable.
Policies
Clear policies should be introduced, addressing: which employees (if any) would be permitted to work from home if required to quarantine. There should be arrangements for requests of additional paid holiday leave or special leave to cover a quarantine period, and when this may be permitted, requirements for employees to notify any planned travel outside England so that contingency arrangements can be put in place.
Circumstances may arise where leave may be cancelled by the employer, subject to contractual/existing policy terms – the usual position requires employers to give notice of at least the length of the leave, and whether expenses would be reimbursed.
Alice Meredith is a barrister at 5 Essex Court.