Forced Annual leave for self isolation

robbie_wilson

At work, a colleagues mother has been advised to get a COVID test and so said colleague has been told to self isolate as he lives with his mother. My manager has said if their mother’s test is positive then my colleagues and I will have to take a test too. If this is positive then the workplace will need to close for a week and everyone will have to isolate due to the close nature of the business. Now, my question is “Can my employer force staff to use their annual leave for isolation?”

Thrugelmir

What's the alternative? 

Diamandis

Technically your employer can dictate when you take all of your holidays providing they give you the correct notice. They're probably not going to be able to give you enough notice should his test come back positive though. Depends how much of a fuss you want to make about that given the current economy. 

[Deleted User]

Thanks to EU rules you can just go sick during the isolation period since you are in fact unable to work or enjoy your holiday time for health reasons. Then you get your SSP and holiday back.

calcotti

[DELETED USER] said:

Thanks to EU rules you can just go sick during the isolation period since you are in fact unable to work or enjoy your holiday time for health reasons. Then you get your SSP and holiday back.

What have EU rules got to do with it?

You can get SSP while self isolating in certain circumstances https://www.gov.uk/statutory-sick-pay. This is as a result of legislation passed in the UK parliament.

Jeremy535897

calcotti said:

[DELETED USER] said:

Thanks to EU rules you can just go sick during the isolation period since you are in fact unable to work or enjoy your holiday time for health reasons. Then you get your SSP and holiday back.

What have EU rules got to do with it?

You can get SSP while self isolating in certain circumstances https://www.gov.uk/statutory-sick-pay. This is as a result of legislation passed in the UK parliament.

I can only guess that this is a reference to a speculative legal opinion to the effect that employers cannot make people take holiday when self isolating, because EU case law requires that holiday should be able to be enjoyed in the normal sense (which cannot be said to happen if you have to stay in your home). It even speculated that holidays should not be made to be taken during lockdown.

calcotti

Jeremy535897 said:

calcotti said:

[DELETED USER] said:

Thanks to EU rules you can just go sick during the isolation period since you are in fact unable to work or enjoy your holiday time for health reasons. Then you get your SSP and holiday back.

What have EU rules got to do with it?

You can get SSP while self isolating in certain circumstances https://www.gov.uk/statutory-sick-pay. This is as a result of legislation passed in the UK parliament.

I can only guess that this is a reference to a speculative legal opinion to the effect that employers cannot make people take holiday when self isolating, because EU case law requires that holiday should be able to be enjoyed in the normal sense (which cannot be said to happen if you have to stay in your home). It even speculated that holidays should not be made to be taken during lockdown.

I remember quoting that article at the start of lockdown but I haven’t seen the argument progressed anywhere else and I’m sure it hasn’t been tested in a tribunal/court yet. It was a speculative article which certainly doesn’t warrant a statement “Because of EU rules..”

Jeremy535897

calcotti said:

Jeremy535897 said:

calcotti said:

[DELETED USER] said:

Thanks to EU rules you can just go sick during the isolation period since you are in fact unable to work or enjoy your holiday time for health reasons. Then you get your SSP and holiday back.

What have EU rules got to do with it?

You can get SSP while self isolating in certain circumstances https://www.gov.uk/statutory-sick-pay. This is as a result of legislation passed in the UK parliament.

I can only guess that this is a reference to a speculative legal opinion to the effect that employers cannot make people take holiday when self isolating, because EU case law requires that holiday should be able to be enjoyed in the normal sense (which cannot be said to happen if you have to stay in your home). It even speculated that holidays should not be made to be taken during lockdown.

I remember quoting that article at the start of lockdown but I haven’t seen the argument progressed anywhere else and I’m sure it hasn’t been tested in a tribunal/court yet. It was a speculative article which certainly doesn’t warrant a statement “Because of EU rules..”

I agree, and had forgotten you found it in the first place! But I think that employers would be hard pressed to have a good defence if they make employees take holiday when forced to self isolate, and a case was taken. Unfortunately the alternative, unless SSP applies, is unpaid leave.

calcotti

Here’s the original article https://uklabourlawblog.com/2020/04/06/furloughing-and-fundamental-rights-the-case-of-paid-annual-leave-by-alan-bogg-and-michael-ford/

mattyprice4004

You can get SSP but you won’t be paid your full wage unless your employer goes over and above their legal obligations to you.