COVID

[SpikeFMT]

This morning one of my employees has called in to say that one of his children has Covid symptoms and that he has to Isolate for 7 days, I suspect that he is trying to pull a sickie as he has been moaning lately about how we should go into lockdown etc, He is also due to be off for a weeks booked holiday for next week, I am trying to find out what I can or should do in this instance.
Do I only pay SSP,
Can I cancel his holiday next week
Can I insist he tales a test locally
It may be that its all true and correct but I am not 100% convinced
Any help appreciated

 

[Mr D]

Him having a test proves nothing, its family requiring isolation. The child having a test can prove something but expect results in a few days, in the meantime having to isolate.

Why cancel holiday?

 

[Alison Moore]

Yes, if they cannot work from home whilst isolating you would pay them SSP:

https://www.gov.uk/employers-sick-pay

I can't see how you would have any grounds for cancelling his holiday next week. As far a I know you can only request a test if you have symptoms, so his child could have a test, but not him, and you could not request that his child has to have a test.

To be fair, some schools are being extra strict on this and children are being told to stay home with colds, so it might be the school who has said the child needs to isolate.

 

[Interestedobserver]

I would sympathise and tell him you will make sure you pay him the recommended Government SSP whilst he is off

Once he realises how little that is and maybe complains (which may happen as he likely wants full sick pay) give him the alternative option of taking it as holiday instead

That's what I would do in same situation

 

[Newchodge]

7days? It is either 14 days or 10. I haven't heard of 7 days isolation for symptoms.

 

[Newchodge]

You cannot cancel his holiday unless you give twice the period of notice as the length of the holiday, by the first day of the holiday.
What you pay is at least SSP, possibly more depending on your contract.

 

[Interestedobserver]

7days? It is either 14 days or 10. I haven't heard of 7 days isolation for symptoms.

The guy may be thinking it will only be 7 days as he's on holiday week after anyway!

And he doesn't want to miss that!

 

[Bob Morgan]

P45?

 

[jimbof]

You cannot cancel his holiday unless you give twice the period of notice as the length of the holiday, by the first day of the holiday.
What you pay is at least SSP, possibly more depending on your contract.

Are you sure it is twice the period for cancellation of holidays? These guys think differently:

https://www.landaulaw.co.uk/holidays/#:~:text=Yes, your employer can cancel,four days' notice of cancellation.

Can my employer cancel a pre-booked holiday?
Yes, your employer can cancel a period of annual leave, which is notice of at least the same length as the period of leave to be cancelled. For example, if you have booked a period of four days’ annual leave, your employer must give at least four days’ notice of cancellation.

Your employer must not cancel a period of annual leave if it means that you are unable to take your full statutory annual leave entitlement in that leave year.

If your employer cancels a period of leave without a clear business reason (and without compensation) which results in you not being able to go on a booked holiday and suffering financial loss, you may have a case for constructive dismissal. You would need to argue that the cancellation is a breach of the implied duty of mutual trust and confidence with your employer.

 

[Newchodge]

Are you sure it is twice the period for cancellation of holidays? These guys think differently:

https://www.landaulaw.co.uk/holidays/#:~:text=Yes, your employer can cancel,four days' notice of cancellation.

Sorry, I was thinking about the amount of notice you must give to require that someone take leave,. Cancelling pre-booked leave is, as you say, the same amount of time as they are taking off. You may be liable for any cancellation fees they incur. You cannot deny them leave if it would mean they could not take their entitlement during the leave year.

If you intend to keep this employee I would very strongy recommend NOT cancelling their leave. It will result in a very poor employer/employee relationship.

 

[jimbof]

It sounds like a not great relationship anyway, if the OP no longer trusts the employee probably best off working out how to replace them with an employee they do trust...

 

[Newchodge]

It sounds like a not great relationship anyway, if the OP no longer trusts the employee probably best off working out how to replace them with an employee they do trust...

Possibly, but that would need careful consideration, especially if the employee has 2 years' service.

There is also the recent law about employers being fined for requiring an employee to attend work when they should be isolating.

 

[Interestedobserver]

Possibly, but that would need careful consideration, especially if the employee has 2 years' service.

There is also the recent law about employers being fined for requiring an employee to attend work when they should be isolating.

You would think SSP compared to normal pay will be enough of a deterrent longer term for employees only to self isolate when they genuinely do have to self isolate

It's then upto the Govt to deal with the lack of money for the employee rather than the employer IMO

 

[SpikeFMT]

Him having a test proves nothing, its family requiring isolation. The child having a test can prove something but expect results in a few days, in the meantime having to isolate.

Why cancel holiday?

His Co workers have had to lose their days off this week to cover and wanted to give them back next week instead

 

[SpikeFMT]

It sounds like a not great relationship anyway, if the OP no longer trusts the employee probably best off working out how to replace them with an employee they do trust...

Its the fact that he had been spouting off about how we should be locking down, Can I get proof

 

[Newchodge]

Its the fact that he had been spouting off about how we should be locking down, Can I get proof

Proof of what?

 

[Mr D]

His Co workers have had to lose their days off this week to cover and wanted to give them back next week instead

So long as you don't mind annoying him. Or even not having him back next week (7 day isolation?)

Government website says 14 days.
Still if you want him to have 14 days of on SSP and then take a week's leave at another time...



https://www.gov.uk/government/publi... do not need to,are unlikely to be infectious.

 

[Mr D]

Its the fact that he had been spouting off about how we should be locking down, Can I get proof

Lots of people have been spouting off on various opinions regarding government action or inaction.

Does not mean their family cannot get infected.
Does not mean their family cannot show symptoms.

Tell you what, ask him to get tested. Quite likely at this stage he'd be negative.
And he'd keep being negative right up until he's positive. By which point the rest of your staff are infected.
Half the staff off sick and the rest isolating would be better?

 

[DontAsk]

Let him waste his holiday.

 

[Bob Morgan]

P45!