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

1246

Comments

  • daaff said:
    Thanks everyone. Even more confusion! 

    Regarding holidays, that was cleared up:
    • Quarantine exemptions will apply to all regulated professionals within health and social care
    • To qualify, those entering the UK will need to be able to provide evidence that they are due to start work within 14 days and be able to demonstrate their professional registration
    • Regulated staff who leave the UK for a holiday or to visit family and return will also be exempt. However, they will need to prove they are resuming employment within 14 days.
    She would have resumed employment this week so had proof.

    The NHS trust I work for announced different rules depending on whether the staff member was already in Spain when the change was announced or if they went on holiday after the change knowing full well they would have to quarantine.  The first group were allowed to work from home on full pay (even if they couldn't do much work), the second group had to take annual leave or unpaid leave. 
    This makes sense - shame each trust appears to be making up their own rules.
    Where did you find the bolded?  Please link.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 August 2020 at 6:55PM
    Bottom line is that decisions have to be made to protect the many, at the expense of the few.  Be an uproar if there was an avoidable major outbreak. Given the hard work that the majority have put in to controlling the disease. Community comes before I. 
  • daaff
    daaff Posts: 29 Forumite
    Fourth Anniversary 10 Posts
    k12479 said:
    daaff said:
    • Quarantine exemptions will apply to all regulated professionals within health and social care
    • To qualify, those entering the UK will need to be able to provide evidence that they are due to start work within 14 days and be able to demonstrate their professional registration
    • Regulated staff who leave the UK for a holiday or to visit family and return will also be exempt. However, they will need to prove they are resuming employment within 14 days.
    She would have resumed employment this week so had proof.
    That appears to have come from this site, which isn't dated but links to a page dated 22nd May, so not exactly the latest info:

    'Resuming employment'? You don't cease employment when you go on holiday so you can't resume employment when you return. You can resume employment if you've previously quit, which funnily enough fits this bit: "travelling to the UK to provide essential healthcare....You’ll need to show:
    • you’ll start work within 14 days of your arrival in the UK"
    I don't know how to read any of the information anymore. All information published appears to be very ambiguous.
    Has anybody quit their employment to go on holiday?
    I am quite sure 8th June rules for health care remained unchanged until 31st July when they were then removed.
  • onwards&upwards
    onwards&upwards Posts: 3,423 Forumite
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    edited 7 August 2020 at 7:04PM
    I'm quite sure that your wife was not exempt, it wouldn't make any sense, so I think its time to forget that angle. 

    Is she in a union?  I do think my trust's policy was fairer, considering the government has been encouraging people to enjoy the 'new normal' and travel, eat out etc. 
  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    daaff said:
    k12479 said:
    daaff said:
    • Quarantine exemptions will apply to all regulated professionals within health and social care
    • To qualify, those entering the UK will need to be able to provide evidence that they are due to start work within 14 days and be able to demonstrate their professional registration
    • Regulated staff who leave the UK for a holiday or to visit family and return will also be exempt. However, they will need to prove they are resuming employment within 14 days.
    She would have resumed employment this week so had proof.
    That appears to have come from this site, which isn't dated but links to a page dated 22nd May, so not exactly the latest info:

    'Resuming employment'? You don't cease employment when you go on holiday so you can't resume employment when you return. You can resume employment if you've previously quit, which funnily enough fits this bit: "travelling to the UK to provide essential healthcare....You’ll need to show:
    • you’ll start work within 14 days of your arrival in the UK"
    I don't know how to read any of the information anymore. All information published appears to be very ambiguous.
    Has anybody quit their employment to go on holiday?
    I am quite sure 8th June rules for health care remained unchanged until 31st July when they were then removed.
    I think part of your problem is you are reading things as though they were commercial or consumer law.  Employment law is quite different in that behaviour (i.e. what the employer/ employee does/ do) is more important than the written terms, although, of course these are important too.

    So here's the advice published on 8 june and updated 10 july in a trust I am familiar with, and this appears to be the relevant part for someone in your partner's position: (my bolding).


    Holidays booked after 17 March 2020: 
    •  Additional annual leave. 
    • Unpaid leave. 
    The employee accepts there may will need to take either additional annual leave or a period of unpaid leave. Any person who has committed to travelling abroad after this date has done so with the understanding there is a risk as to whether they would be able to travel abroad, and where the requirement to quarantine upon their return may still be subsequently applied if conditions change. Staff will be expected to provide evidence of when the holiday was booked (i.e. a booking confirmation)

    By virtue of quarantine, your partner's trust has determined they are unable to perform their duties, and therefore either needs to take additional leave, paid or unpaid.

    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • daaff
    daaff Posts: 29 Forumite
    Fourth Anniversary 10 Posts
    nicechap said:
    Holidays booked after 17 March 2020: 
    •  Additional annual leave. 
    • Unpaid leave. 
    The employee accepts there may will need to take either additional annual leave or a period of unpaid leave. Any person who has committed to travelling abroad after this date has done so with the understanding there is a risk as to whether they would be able to travel abroad, and where the requirement to quarantine upon their return may still be subsequently applied if conditions change. Staff will be expected to provide evidence of when the holiday was booked (i.e. a booking confirmation)

    By virtue of quarantine, your partner's trust has determined they are unable to perform their duties, and therefore either needs to take additional leave, paid or unpaid.

    It was booked before March if that changes things? Early January it was booked
  • daaff
    daaff Posts: 29 Forumite
    Fourth Anniversary 10 Posts
    I'm quite sure that your wife was not exempt, it wouldn't make any sense, so I think its time to forget that angle. 

    Is she in a union?  I do think my trust's policy was fairer, considering the government has been encouraging people to enjoy the 'new normal' and travel, eat out etc. 
    Thanks. It doesn't make sense, but the rules were (ambiguously) written in a way that said it was okay, the form says exempt and border control confirmed it was correct, even her employer said it was okay...

    She is in a union so will contact them - wanted to try find out the correct information first - though I now have more questions than answers  :p
  • nicechap
    nicechap Posts: 2,852 Forumite
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    daaff said:
    nicechap said:
    Holidays booked after 17 March 2020: 
    •  Additional annual leave. 
    • Unpaid leave. 
    The employee accepts there may will need to take either additional annual leave or a period of unpaid leave. Any person who has committed to travelling abroad after this date has done so with the understanding there is a risk as to whether they would be able to travel abroad, and where the requirement to quarantine upon their return may still be subsequently applied if conditions change. Staff will be expected to provide evidence of when the holiday was booked (i.e. a booking confirmation)

    By virtue of quarantine, your partner's trust has determined they are unable to perform their duties, and therefore either needs to take additional leave, paid or unpaid.

    It was booked before March if that changes things? Early January it was booked
    This is the bit about booked before 17 March,  your partner would need to find the HR published communication from her trust along with booking receipts:

    For holidays booked before 17 March 2020 (the date travel restrictions were first imposed)
     Using additional annual leave from when they return to the UK.
     Agreeing TOIL with their line manager alongside additional annual leave.
     Agreeing shift swaps to extend periods of rest days.  
     If possible to accommodate, agree a period of time that can be worked from home.

    Where an employee is unable to work from home ,whether temporary reassignment of appropriate work would be possible so that they could work from home The agreement reached must not impact on compliance with the working time regulations. By using these measures we would seek to support the individual to manage the quarantine period but will not be providing additional paid leave to accommodate the provision of quarantine. This seeks to recognise a balance between supporting the needs of the Trust and our employees in those circumstances where the holiday was booked in good faith 


    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • daaff
    daaff Posts: 29 Forumite
    Fourth Anniversary 10 Posts
    nicechap said:
    daaff said:
    nicechap said:
    Holidays booked after 17 March 2020: 
    •  Additional annual leave. 
    • Unpaid leave. 
    The employee accepts there may will need to take either additional annual leave or a period of unpaid leave. Any person who has committed to travelling abroad after this date has done so with the understanding there is a risk as to whether they would be able to travel abroad, and where the requirement to quarantine upon their return may still be subsequently applied if conditions change. Staff will be expected to provide evidence of when the holiday was booked (i.e. a booking confirmation)

    By virtue of quarantine, your partner's trust has determined they are unable to perform their duties, and therefore either needs to take additional leave, paid or unpaid.

    It was booked before March if that changes things? Early January it was booked
    This is the bit about booked before 17 March,  your partner would need to find the HR published communication from her trust along with booking receipts:

    For holidays booked before 17 March 2020 (the date travel restrictions were first imposed)
     Using additional annual leave from when they return to the UK.
     Agreeing TOIL with their line manager alongside additional annual leave.
     Agreeing shift swaps to extend periods of rest days.  
     If possible to accommodate, agree a period of time that can be worked from home.

    Where an employee is unable to work from home ,whether temporary reassignment of appropriate work would be possible so that they could work from home The agreement reached must not impact on compliance with the working time regulations. By using these measures we would seek to support the individual to manage the quarantine period but will not be providing additional paid leave to accommodate the provision of quarantine. This seeks to recognise a balance between supporting the needs of the Trust and our employees in those circumstances where the holiday was booked in good faith 


    Thanks very much for this
  • JamoLew
    JamoLew Posts: 1,800 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    This is what most NHS organisations have been implementing:

    Q. What if I booked my holiday prior to COVID-19 restrictions being put in place on 20th March 2020 and I am now required to quarantine for 14 days on return?

    A. Special leave or working from home will be offered but evidence of booking must be provided.

     

    Q. What if I booked my holiday on or after 20th March 2020 and I am required to quarantine for 14 days on return?

    A. Use one or more of the following options, as agreed with your manager:

    ·       Annual leave and/or unpaid leave taken for the 14 day quarantine period

    ·       Work additional shifts within six months of your return to the UK to make up for those not worked during the 14 day quarantine period

    ·       Work from home (where your role can be performed from home)

     

    Please note: if you choose to visit countries against Foreign & Commonwealth Office (FCO) advice (e.g. where essential travel only is advised) you will be required to use unpaid/annual leave for the duration of the 14 day quarantine period - all FCO guidance can be found 
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