Track and Trace and SSP

Jazerant

My wife took a COVID-19 test a few months back and had to self-isolate until the results came back (about 4 days), which was negative.  She has now been contacted by the NHS Track and Trace app (we believe it is a false alert) and she has to self-isolate again for another 12 days.  Her employer is now stating that Statutory Sick Pay is no longer payable after it has been claimed once for the first self-isolation. Are they within their rights to withhold SSP for subsequent self-isolations and therefore, she will not get paid for the period of this Track and Trace alert?  Is there something we can pursue to get them to pay a wage for a Government advised period of self-isolation? If it is going to keep happening, then Track and Trace is going to be switched off, permanently!  

bradders1983

The app is excluded from the legislation, so do as you please until contacted by an actual human being.

tripled

App notifications are not a legal requirement, following them is a matter of personal responsibility. There is no SSP or other support on offer for following those alerts.
In terms of work my view would be she should notify her employer, it is up to the employer to assess the risk of her coming into work and deciding what action (if any) to take. If she is instructed to stay home by her employer then she should be paid for her contracted hours, or possibly furloughed. Outside of work, it would be responsible of her to isolate, although she is not obligated to do so.

epm-84

Not sure what the rules are for employers claiming SSP from the state but if she's not being paid and can't get SSP then she could apply for ESA.

Jazerant

bradders1983 said:

The app is excluded from the legislation, so do as you please until contacted by an actual human being.

Thanks Bradders, issue being the management are advising her to stay at home. So she can't go to work even if she wanted to.
The app advised her that breaking the rules could result in a fine. So 'do you as you please' is not exactly an option, i.e. leave the house and potentially to get a fine, stay at home and get no wages.

bradders1983

Jazerant said:

bradders1983 said:

The app is excluded from the legislation, so do as you please until contacted by an actual human being.

Thanks Bradders, issue being the management are advising her to stay at home. So she can't go to work even if she wanted to.
The app advised her that breaking the rules could result in a fine. So 'do you as you please' is not exactly an option, i.e. leave the house and potentially to get a fine, stay at home and get no wages.

That is an out and out lie, and an outrage they are telling people that. The legislation clearly excludes notification from the app.

superbigal

You sure it was the App that alerted you and not the actual track and trace team ?

[Deleted User]

People that use the app must realise that these situations will arise otherwise why download it? 

Jazerant

MarkN88 said:

People that use the app must realise that these situations will arise otherwise why download it? 

People would hope the government are doing the right thing, by telling us if we have been in close proximity to someone who has tested positive, by any means, in this case a T&T app. If then, the private companies are using that against their staff by not paying them, then possibly we should not be downloading the app and should ask Government to enforce legislation on the companies to continue to pay their staff if Test and Trace have sent a notification. 

Jazerant

I keep coming across this but don't know what the 'eligibility conditions' are when it comes to a second spell of self-isolation...
"If a worker cannot work from home, you:

• must ensure they receive Statutory Sick Pay (SSP) provided they meet the eligibility criteria
• may consider giving them the option to use their paid leave days if they prefer

Employees in self-isolation are entitled to SSP for every day they are in isolation, as long as they meet the eligibility conditions."
Does the community have any suggestions?

Jeremy535897

See https://www.gov.uk/employers-sick-pay/eligibility-and-form-ssp1