Daughter’s employer claims she won’t get SSP for self isolating!?

milkyjoeboosh

I had a dry cough about a week ago, so my family self isolated, as per the guidelines. My daughters employer (a large store that chose to stay open until today) rightfully told her to stay off for 14 days, but they have now told her she won’t get paid for those 14 days. To make matters worse, the company has, from today, closed and furloughed all staff, but they’ve told her she won’t get paid ‘till after her isolation period has ended.

My cough turned into a nasty cold, rather than anything more concerning, so she may have been able to return to work anyway, had the Store not shut down and furloughed all staff.

Shouldn’t she be entitled to SSP? She said her manager stated she wouldn’t get SSP, so my daughter is now very concerned. I made her self isolate, because of my symptoms, so I feel guilty.

We’ve done lots of reading on the gov and citizens advice websites, but we’re finding it all confusing. Don’t employers have to pay sick pay?

 Many thanks for any help/advice.

milkyjoeboosh

Even though she is self isolating, shouldn’t she now be entitled to be furloughed, as the company has shut down?

7Phil

She should be told when she is furloughed and from what date. That's the date that the business can apply for the grant to pay her the 80% of the wage. It really should not matter as it will be cost-neutral to the business but they will need to front up with the cash to pay her first as they will not be reimbursed until next month, or later maybe.

Did your daughter have a valid claim under SSP to self-isolate? Sounds like it's a yes as you were displaying symptoms and were part of the same household. If so she will get SSP from day 1 off work.
If the employer has used their discretion to keep her at home during that time but she was fit for work according to the NHS 111 advice then she should be paid in full.
You will need to determine exactly what arrangements are in place at what time.

Visit the NHS self-isolating site and get her a sick note asap: https://111.nhs.uk/isolation-note/
You can backdate it up to 7 days.

milkyjoeboosh

Many thanks for the detailed response!

It does seem like her employers are being needlessly unhelpful regarding furloughing. It’s almost as if they’re trying to punish her for self isolating by stating that she won’t be furloughed until after her isolation period ends. It costs them nothing ultimately.

sharpe106

Although not government advice, an intresting read for her case and makes sense to me.

https://www.express.co.uk/finance/personalfinance/1260263/self-isolating-furlough-grant-job-retention-scheme

the relevent part from the article

Michael Redston, Employment Law Solicitor at Aaron & Partners, added: “The existing law relating to sick pay has been changed so that employees will be paid at least Statutory Sick Pay if they are either displaying symptoms of coronavirus or, crucially, if they are self-isolating in line with current government/Public Health England guidance.

"It is reasonable to conclude that someone who is self-isolating is essentially ‘off sick’.

"If someone is off sick, they continue to be employed but are not working. There has been no specific government guidance on this point, but it is logical that employers will not furlough someone who is already off sick, and given this now seems to include those self-isolating, it seems likely that you can’t be furloughed if you are self-isolating.

"However, once the relevant isolation period has finished your employer may then wish to put you on a furlough, if the relevant circumstances arise.

milkyjoeboosh

Thank you for the clarification!

robbiez

milkyjoeboosh said:

Many thanks for the detailed response!

It does seem like her employers are being needlessly unhelpful regarding furloughing. It’s almost as if they’re trying to punish her for self isolating by stating that she won’t be furloughed until after her isolation period ends. It costs them nothing ultimately.

Your daughter should be entitled to two weeks SSP and then eligible to be furloughed, subject to employers being eligible and making this offer.
From the government:
"If you’re on sick leave or self-isolating because of coronavirus (COVID-19), speak to your employer about whether you’re eligible - you should get Statutory Sick Pay (SSP) while you are on sick leave or self-isolating, but can be furloughed after this."

janAtay

My employer won't pay SSP and she won't Furlough me asnow the workplace has closed. What can I do? I am self isolating due to Asthma and husband has heart disease. Havn't got a letter from the government.

Mrsn

janAtay said:

My employer won't pay SSP and she won't Furlough me asnow the workplace has closed. What can I do? I am self isolating due to Asthma and husband has heart disease. Havn't got a letter from the government.

If you haven’t got a letter from the government then they aren’t obliged to pay you anything for self isolation I’m afraid.
 

They aren’t doing anything wrong here that I can see because if you were to be furloughed they could ask you to return to work with very little notice which you wouldn’t be willing to do I’m assuming since you are choosing to self isolate.

Fire_Fox

janAtay said:

My employer won't pay SSP and she won't Furlough me asnow the workplace has closed. What can I do? I am self isolating due to Asthma and husband has heart disease. Havn't got a letter from the government.

Welcome to MSE!

Are you able to start your own thread? Please include the order of events if you can.  It is not clear to me what has happened here and I want you to get good advice.

How your employer has communicated with you, and reasons given is also helpful. Not sure what you mean by "what can I do". Are you asking financially or legally?