Managing employees holidaying abroad and self-isolating

Blake Morgan Senior Solicitor Nia Pawley explores whether employers could restrict staff from travelling to amber-list countries in an article first published in People Management on 2 September.

It is important to remember that each of the UK’s devolved nations provides its own rules and guidance on international travel. The rules change at very short notice and employers need to keep up-to-date to be aware of the implications of employees holidaying abroad and to ensure compliance with the returning nation’s rules.

Requirements to quarantine

If an individual is fully vaccinated there will be no need to quarantine when returning from amber list countries assuming they test negative. However, anyone obliged to quarantine will be unable to attend the workplace on their return. This is particularly important as the Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations (SI 2020/1045) prohibit an employer in England from knowingly permitting an employee to attend anywhere other than where they are quarantining.

If the individual is able to work from home, an employer can more easily manage their return to work, and they should be paid as normal.

The position is more difficult where an employee cannot work remotely. Firstly, the employee could take more annual leave. While this would provide salary for the quarantine period, a significant amount of annual leave is used up.

Alternatively, an employer may require them to take unpaid leave. While the individual may be ‘ready and willing’ to work, a voluntary decision to travel may mean they are not ‘able’ to attend the workplace, and therefore, the employer could decide not to pay them for the quarantine period, unless they actually had COVID-19 or were officially contacted as a close contact, in which case they may be eligible for sick pay.

In light of the risks and practicalities involved, it may be prudent for employers to update disciplinary policies to include compliance with COVID-19-related guidance and regulations and potential disciplinary proceedings for deliberate non-compliance.

Read the article in full here.