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Workers having to quarantine after returning from abroad may not be protected from dismissal, a Sussex law firm has warned.
It comes after it was announced on Saturday (July 25) anyone returning from Spain would have to self-isolate for 14 days or risk a fine due a spike in covid-19 cases there.
Foreign Secretary Dominic Raab has said employees cannot be dismissed or penalised if they quarantine for two weeks – but Brighton law firm DMH Stallard has pointed out this is not underpinned by the law.
Senior associate Abigail Maino said, “Most employers will no doubt be sympathetic to this sudden change in government policy and its unexpected impact on employees, but many employers will not be in a position to pay employees for 14 days if they are in roles which cannot be undertaken from home.
“Dominic Raab’s statement that employees cannot be dismissed or penalised if they quarantine for 14 days is not underpinned by law in certain circumstances.”
Ms Maino says those with under two years’ service do not qualify for unfair dismissal rights and some employers may decide to dismiss if those individuals cannot attend work for 14 days, and cannot work from home.
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She said, “If individuals do not have symptoms of covid-19 or any other illness then they will not be entitled to statutory sick pay or, in the vast majority of cases, company sick pay.
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“This unfortunately leaves employers in a position where, if roles cannot be undertaken from home, they must decide whether to exercise their discretion to pay employees who are quarantining, and the rate of any such pay, whilst being mindful of any future changes to air bridges and the impact of setting a precedent now with regard to quarantine pay.
“The unknown and changing landscape means many employers will be having difficult conversations with employees returning from Spain about unpaid leave, in circumstances where those employees may feel the government’s message should provide them with additional entitlements.”
At midnight on Saturday, Spain was removed from the lists of countries from which passengers arriving in England, Scotland, Wales and Northern Ireland are exempted from the need to self-isolate.
A spokesperson for the Foreign Office said, “Protecting public health is our absolute priority and we have taken this decision to limit any potential spread to the UK.
“We’ve always been clear that we would act immediately to remove a country where necessary. Both our list of quarantine exemptions and the FCO travel advice are being updated to reflect these latest risk assessments.”
Dominic Raab said to Sophy Ridge on Sky News, “There is a cut-off with changes in rules and advice we give, so I appreciate that that’s difficult and it can be disruptive.
“But it would be far worse to either muddy the waters or to hold back and delay from taking the measures when we need to take them.”
The facts
• The Foreign Office said following a ‘significant change over the last week in both the level and pace of change in confirmed cases’, Spain was removed from the list of countries where people do not have to self-isolate when arriving into the UK.
• People already in Spain can stay for the remainder of their holiday and will have to self-isolate upon return
• The Foreign Office is now advising against all but essential travel to mainland Spain.
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