No self isolation required but employer saying must not work and with no pay.

daaff

Looking for some advice if anyone knows please. 

My wife is a nurse in the NHS and arrived back home from Spain early last week, at that time registered healthcare professionals were exempt from self isolation, therefore she doesn't need to self isolate. (Healthcare was removed from the exemptions by government later that week)

Her NHS trust has told her due to their own policy she cannot attend work for 14 days and the time will be unpaid or she must take annual leave. This is despite her being fit and legally able to work. (Although she agrees that not being in work is morally the right thing to do!)

She has offered to do admin work from home but that has ‘already been covered’ by other staff.

Is this allowed? Surely if she the government says she can work but her employer do not want her to they still need to pay her? (I believe this is known as being ‘medically suspended’) 

p.s this was a trip booked pre-covid

sweetsand

NHS are right and I beleive it is the law therefore applicable to all employers and all staff.

Grumpy_chap

It is my understanding that the exemptions only apply to exempted professional if the travel was in connection with their business. 

Exemption doesn't apply if the travel was for personal reasons eg holiday.

There is a difference as, if travel was for work, then the employer had the opportunity to manage the risk during the trip.  Not the case for personal trip.

sweetsand

btw - for once i agreed with the gov as they said people knew of the risks eg covid when they went away as the virus had not gone away and people were aware that lockdowns etc could happen any anytime

ATB

daaff

Thanks both for getting back to me.

sweetsand said:

NHS are right and I beleive it is the law therefore applicable to all employers and all staff.

From what I understand if an employee needs to self isolate and cannot work from home, they get no pay.
In this case there is no need to self isolate - are you saying that if the employer (or specifically the NHS?) can also choose to keep the employee at home with no pay?

Grumpy_chap said:

It is my understanding that the exemptions only apply to exempted professional if the travel was in connection with their business. 

It was worded as such that any healthcare worked returning to UK to provide care in any setting are exempt - her employer checked and confirmed she would need to work on return - until the rule change a few days later.

sweetsand said:

btw - for once i agreed with the gov as they said people knew of the risks eg covid when they went away as the virus had not gone away and people were aware that lockdowns etc could happen any anytime

ATB

The sad thing is, like many others, we knew the risk but had an option to go / or lose all money paid for the holiday 

Grumpy_chap

daaff said:

we knew the risk but had an option to go / or lose all money paid for the holiday 

So, it was a definite calculation on your part to still go, picking the best of two bad options:

• Option 1 - go on the holiday and risk two-weeks' salary on return
• Option 2 - not go on holiday and lose out by the value paid for the holiday

I can only imagine that you chose Option 1 because the value paid for the holiday exceeds two-weeks' salary.

sweetsand

Grumpy_chap said:

daaff said:

we knew the risk but had an option to go / or lose all money paid for the holiday 

So, it was a definite calculation on your part to still go, picking the best of two bad options:

• Option 1 - go on the holiday and risk two-weeks' salary on return
• Option 2 - not go on holiday and lose out by the value paid for the holiday

I can only imagine that you chose Option 1 because the value paid for the holiday exceeds two-weeks' salary.

I was going to add a bit to what you posted but then thought leave it as the poster must have got the full message.
The thousands flying away now risk no pay but many may be not working anyway. Therefore if you work and not on furlow, stay in the UK unless you can afford not to get paid.

ATB

daaff

Thanks both - think I get the message.
 - Can I just check though - is this rule of no pay even for people not self isolating a rule for all employers or a NHS/Healthcare rule? Can't find any information about it

powerful_Rogue

daaff said:

Thanks both - think I get the message.
 - Can I just check though - is this rule of no pay even for people not self isolating a rule for all employers or a NHS/Healthcare rule? Can't find any information about it

It's up to the employer.

Grumpy_chap

Most employers are not paying staff if quarantine applies.

daaff

Even if the staff member doesn't need to self isolate the employer can choose not to pay them?