Over the weekend, the Foreign and Commonwealth Office (‘FCO’) removed Spain from its list of countries exempt from the requirement that returning travellers self-isolate upon return.
With little notice, thousands of people holidaying abroad in Spain will now be required to stay at home for 14 days after their return to the UK, or risk a £1000 fine for breaching the quarantine rules.
Where does this leave workers?
It all depends on their employer’s remote working capability. If the individual is able to work remotely, they should be able to carry on as normal, and expect to receive their normal pay. However, it becomes trickier where the prospect of work from home is not available.
The government’s position seems to be reliant on employers showing goodwill to its employees. Foreign Secretary, Dominic Raab, yesterday stated “we expect employers show those employees who will have to quarantine because of the law the flexibility they need. If someone is following the law in relation to quarantine and self-isolating the way they should, they can’t have penalties taken against them.”
It is clear what the government expects of employers. But the reality is that, with the commercial pressures businesses already face due to the coronavirus, not every employer will be able to show the same degree of flexibility to staff who are fit for work but unable to attend for two weeks because of governmental restrictions.
SSP entitlement
The Government’s SSP regulations were amended on 12 March to extend the provision of SSP to any worker “isolating himself from other people in such a manner as to prevent infection or contamination with coronavirus disease, in accordance with guidance published by Public Health England, NHS National Services Scotland or Public Health Wales”.
However, this does not extend to those who quarantine after returning from a country not listed on the Foreign and Commonwealth Office’s list of exempt countries, which now includes Spain. The government’s guidance on coronavirus SSP eligibility states “employees will not qualify for SSP if they are self-isolating after entering or returning to the UK, and do not need to self-isolate for any other reason.”
It follows that for anyone who is returning from Spain to which any of the following applies, they will be entitled to sick leave and pay entitlements (including SSP):
- They are themselves ill with coronavirus;
- They are showing symptoms of coronavirus;
- They live with someone who has coronavirus or symptoms of coronavirus; or
- They have been notified by authorities that they’ve been in contact with someone with coronavirus
But if the only reason the worker can’t attend is because of the updated travel advice, they do not have any right to SSP.
Best practice for employers
Make sure that any employee travelling abroad informs you of their intended destination, and keep an eye on the FCO’s guidance.
Talk to the employee and discuss any alternative arrangements, including whether it is possible to take extra paid holiday or unpaid leave.
If travel was for work, the employee may reasonably expect payment – so consider continuing full pay to avoid grievances.
Ensure employees are treated consistently to protect against any possible discrimination claims down the line.
