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

silvercar

Although for all our safety I believe you should isolate, I do wonder where is the obligation written that you have to tell your employer where you have been on holiday? If legally you don’t need to isolate,  it your employer makes a requirement over and above the law, do you have to tell your employer where you spent your holiday?

daaff

JamoLew said:

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.

That is interesting. Will wait to see what this trust has decided, nothing like that was offered by manager, but I don't think they know the rule themselves. still waiting for HR to get back to us.

silvercar said:

Although for all our safety I believe you should isolate, I do wonder where is the obligation written that you have to tell your employer where you have been on holiday? If legally you don’t need to isolate,  it your employer makes a requirement over and above the law, do you have to tell your employer where you spent your holiday?

A good point - if we aren't treated fairly by employers when we follow all the government rules this will probably become common.
Seems like the wild west at the moment with many companies/employers coming up with their own rules.


I have contacted the government for clarification on the exemption for existing NHS staff who went on holiday, as appears everyone reads the rules slightly differently. But as the form says no isolation required we will carry on on the basis she is able to work.

nicechap

daaff said:

JamoLew said:

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.

That is interesting. Will wait to see what this trust has decided, nothing like that was offered by manager, but I don't think they know the rule themselves. still waiting for HR to get back to us.

silvercar said:

Although for all our safety I believe you should isolate, I do wonder where is the obligation written that you have to tell your employer where you have been on holiday? If legally you don’t need to isolate,  it your employer makes a requirement over and above the law, do you have to tell your employer where you spent your holiday?

A good point - if we aren't treated fairly by employers when we follow all the government rules this will probably become common.
Seems like the wild west at the moment with many companies/employers coming up with their own rules.


I have contacted the government for clarification on the exemption for existing NHS staff who went on holiday, as appears everyone reads the rules slightly differently. But as the form says no isolation required we will carry on on the basis she is able to work.

Just a word of warning and then I'm out as from what you've posted it appears her trust has already told her she cannot attend work.  If she does, she might face a disciplinary, which if she is front line & patient facing might even lead to a fitness to practice panel.  Google pauline cafferkey.

powerful_Rogue

She needs to isolate for 14 days. There is no exemption for returning back from holiday. I work for a government organisation which has regular travel abroad. If I return back in an official capacity, I do not need to complete the 'Health measures at the Border" form, nor isolate if coming from a country which is on the isolate list. However I would if I was travelling on a personal basis.

Grumpy_chap

Thanks @powerful_Rogue.  A clear confirmation of what many have said already in this thread, but the OP does not want to hear.

Also, based on your username and 'working for Government', are you our current Prime Minister?

DiamondLil

Grumpy_chap said:

Thanks @powerful_Rogue.  A clear confirmation of what many have said already in this thread, but the OP does not want to hear.

Also, based on your username and 'working for Government', are you our current Prime Minister?

Don't be silly - powerful_Rogue appears to know what he/she is talking about.

Grumpy_chap

Aaah, thanks @DiamondLil

Dr_Crypto

We had this at work with a few people who returned before the exemption was ended but after the quarantine was brought back. I think it was something like a 3 day window.
The Union was clear that they should be paid as they were available to work but the employer was sending them home. Doctors in general can work from home in at least some capacity so it wasn’t as big an issue for us. 

I’m surprised there’s nothing she can do from home through? Catching up on training, audits, even assisting with the off duty or Updating policies? 

Dr_Crypto

Grumpy_chap said:

The exemptions only apply for travel associated with work.  Does not include going on holiday.

This is wrong. The exemption has actually been abolished but there was nothing in the statute that specified the purpose of the travel or qualified the exemption. 

https://www.gov.uk/government/news/health-and-care-workers-to-self-isolate-on-return-to-england-from-high-risk-countries#history

Dr_Crypto

powerful_Rogue said:

She needs to isolate for 14 days. There is no exemption for returning back from holiday. I work for a government organisation which has regular travel abroad. If I return back in an official capacity, I do not need to complete the 'Health measures at the Border" form, nor isolate if coming from a country which is on the isolate list. However I would if I was travelling on a personal basis.

Wrong.
Before the healthcare exemption was abolished the statute was as follows:

The Health Protection (Coronavirus, International Travel) (England) Regulations 2020 

Schedule 1 para 30: 

“

30.  A person who has travelled to the United Kingdom who is—

(a)required to undertake work as a health or care professional in the United Kingdom within 14 days of their arrival, and

(b)eligible to practise a profession regulated by any of the bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(54).”

https://www.legislation.gov.uk/uksi/2020/568/made

None of that mentions any qualification for the travel. The OP’s wife was exempt as long as she arrived back in the UK prior to the abolishment of the exemption which was on something like 1 Aug or 31 Jul.