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Can your employer use your holidays for corona leave?

2

Comments

  • General_Grant
    General_Grant Posts: 5,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    OP If the tests are being done in work time what is the problem a high proportion of people especially the young have/show no symptoms, and if you refuse and are sent home you only have yourself to blame
    Some NHS tests are available only to those who declare symptoms.  There is some available of the different NHS test which can be obtained when there are no symptoms.
  • Where I work they seem to send people for tests like it's going to pick up the newspaper. Nothing wrong with the people, no symptoms, they feel fine, but they're sent all the same and say they have to lie in order to get a test - saying they have symptom X, Y or Z. I was told about another department who were sent for a test & word was that they weren't allowed to work until their result came in. To put some context to it, this latest ramp up isn't just random - we have had an outbreak with a number of staff falling sick over the Xmas period and testing positive.

    My question is, if you refuse to get a test because you feel perfectly fine and have absolutely no symptoms whatsoever and they say you can't work without a test result - can they stop you working & use your annual leave for the days you have off?

    Part 2 of that question would be say you do have symptoms but also don't want or wont have a test - rather than have your leave as sick, can your employer deduct this leave from your annual holidays?
    Has anyone else addressed the matter of being told to lie to take advantage of a tax-payer funded service?
    Whilst an employer can give notice for someone to take holiday, is it reasonable to ask an employee to lie?  If the employee lies on the instruction of the employer does the employer doubt the truthfulness of the employee in other matters?
    No they haven't because they quickly want to assume that I have it and I'm wanting to spread it throughout. She should stick to being in Eurovision and give up the detective work. 

    This is the real concern - being told to go for a test when you have no symptoms and feel perfectly fine. 

    Smoke and mirrors my backside. It's just a question. Don't need to try and make it all mystical. 
  • KatrinaWaves
    KatrinaWaves Posts: 2,944 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 6 January 2021 at 3:17PM
    Where I work they seem to send people for tests like it's going to pick up the newspaper. Nothing wrong with the people, no symptoms, they feel fine, but they're sent all the same and say they have to lie in order to get a test - saying they have symptom X, Y or Z. I was told about another department who were sent for a test & word was that they weren't allowed to work until their result came in. To put some context to it, this latest ramp up isn't just random - we have had an outbreak with a number of staff falling sick over the Xmas period and testing positive.

    My question is, if you refuse to get a test because you feel perfectly fine and have absolutely no symptoms whatsoever and they say you can't work without a test result - can they stop you working & use your annual leave for the days you have off?

    Part 2 of that question would be say you do have symptoms but also don't want or wont have a test - rather than have your leave as sick, can your employer deduct this leave from your annual holidays?
    Has anyone else addressed the matter of being told to lie to take advantage of a tax-payer funded service?
    Whilst an employer can give notice for someone to take holiday, is it reasonable to ask an employee to lie?  If the employee lies on the instruction of the employer does the employer doubt the truthfulness of the employee in other matters?
    No they haven't because they quickly want to assume that I have it and I'm wanting to spread it throughout. She should stick to being in Eurovision and give up the detective work. 

    This is the real concern - being told to go for a test when you have no symptoms and feel perfectly fine. 

    Smoke and mirrors my backside. It's just a question. Don't need to try and make it all mystical. 
    Well why not stick to doing your job and not concern yourself with what all these other departments are apparently doing, when you clearly have no first hand evidence of this. Your attitude speaks volumes. You say youve had a 'ramp up' in cases but at the same time say everyone is fine and doesnt need tests. Make your mind up
  • Undervalued
    Undervalued Posts: 9,885 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Where I work they seem to send people for tests like it's going to pick up the newspaper. Nothing wrong with the people, no symptoms, they feel fine, but they're sent all the same and say they have to lie in order to get a test - saying they have symptom X, Y or Z. I was told about another department who were sent for a test & word was that they weren't allowed to work until their result came in. To put some context to it, this latest ramp up isn't just random - we have had an outbreak with a number of staff falling sick over the Xmas period and testing positive.

    My question is, if you refuse to get a test because you feel perfectly fine and have absolutely no symptoms whatsoever and they say you can't work without a test result - can they stop you working & use your annual leave for the days you have off?

    Part 2 of that question would be say you do have symptoms but also don't want or wont have a test - rather than have your leave as sick, can your employer deduct this leave from your annual holidays?
    Has anyone else addressed the matter of being told to lie to take advantage of a tax-payer funded service?
    Whilst an employer can give notice for someone to take holiday, is it reasonable to ask an employee to lie?  If the employee lies on the instruction of the employer does the employer doubt the truthfulness of the employee in other matters?
    No they haven't because they quickly want to assume that I have it and I'm wanting to spread it throughout. She should stick to being in Eurovision and give up the detective work. 

    This is the real concern - being told to go for a test when you have no symptoms and feel perfectly fine. 

    Smoke and mirrors my backside. It's just a question. Don't need to try and make it all mystical. 
    Something like one-third of the people carrying the virus may have few if any symptoms. However in some ways they are actually more dangerous in the workplace as they are just as capable of infecting others as another carrier who is clearly unwell.

    So, unless you have been reliably tested you have no way of knowing if you are infectious or not.
  • Where I work they seem to send people for tests like it's going to pick up the newspaper. Nothing wrong with the people, no symptoms, they feel fine, but they're sent all the same and say they have to lie in order to get a test - saying they have symptom X, Y or Z. I was told about another department who were sent for a test & word was that they weren't allowed to work until their result came in. To put some context to it, this latest ramp up isn't just random - we have had an outbreak with a number of staff falling sick over the Xmas period and testing positive.

    My question is, if you refuse to get a test because you feel perfectly fine and have absolutely no symptoms whatsoever and they say you can't work without a test result - can they stop you working & use your annual leave for the days you have off?

    Part 2 of that question would be say you do have symptoms but also don't want or wont have a test - rather than have your leave as sick, can your employer deduct this leave from your annual holidays?
    Has anyone else addressed the matter of being told to lie to take advantage of a tax-payer funded service?
    Whilst an employer can give notice for someone to take holiday, is it reasonable to ask an employee to lie?  If the employee lies on the instruction of the employer does the employer doubt the truthfulness of the employee in other matters?
    No they haven't because they quickly want to assume that I have it and I'm wanting to spread it throughout. She should stick to being in Eurovision and give up the detective work. 

    This is the real concern - being told to go for a test when you have no symptoms and feel perfectly fine. 

    Smoke and mirrors my backside. It's just a question. Don't need to try and make it all mystical. 
    Well why not stick to doing your job and not concern yourself with what all these other departments are apparently doing, when you clearly have no first hand evidence of this. Your attitude speaks volumes. You say youve had a 'ramp up' in cases but at the same time say everyone is fine and doesnt need tests. Make your mind up
    What are you actually waffling on about? No first hand evidence? OK so when various people tell me they were sent even though they had no symptoms and management admit to sending people with no symptoms just to find out if they had it or not then that's not first hand evidence? Yes, OK, whatever you say. 
    Yes there's been an increase in cases. Did I say "everyone" is OK? You seem like one of those who just creates a story to suit themselves. Be unpredictable and counter with your own "well you seem..." witty comment. I'm wasting my time with you if you can't be bothered to read. Which newspaper do you work for? The Sun? 

    Where I work they seem to send people for tests like it's going to pick up the newspaper. Nothing wrong with the people, no symptoms, they feel fine, but they're sent all the same and say they have to lie in order to get a test - saying they have symptom X, Y or Z. I was told about another department who were sent for a test & word was that they weren't allowed to work until their result came in. To put some context to it, this latest ramp up isn't just random - we have had an outbreak with a number of staff falling sick over the Xmas period and testing positive.

    My question is, if you refuse to get a test because you feel perfectly fine and have absolutely no symptoms whatsoever and they say you can't work without a test result - can they stop you working & use your annual leave for the days you have off?

    Part 2 of that question would be say you do have symptoms but also don't want or wont have a test - rather than have your leave as sick, can your employer deduct this leave from your annual holidays?
    Has anyone else addressed the matter of being told to lie to take advantage of a tax-payer funded service?
    Whilst an employer can give notice for someone to take holiday, is it reasonable to ask an employee to lie?  If the employee lies on the instruction of the employer does the employer doubt the truthfulness of the employee in other matters?
    No they haven't because they quickly want to assume that I have it and I'm wanting to spread it throughout. She should stick to being in Eurovision and give up the detective work. 

    This is the real concern - being told to go for a test when you have no symptoms and feel perfectly fine. 

    Smoke and mirrors my backside. It's just a question. Don't need to try and make it all mystical. 
    Something like one-third of the people carrying the virus may have few if any symptoms. However in some ways they are actually more dangerous in the workplace as they are just as capable of infecting others as another carrier who is clearly unwell.

    So, unless you have been reliably tested you have no way of knowing if you are infectious or not.
    I agree that without a test you don't know if at that moment in time you have the virus or not. 
    But aren't you only supposed to get the test if you show symptoms? Or live with someone who does? I could be wrong, but if you can go for a test willy-nilly for no particular reason at all other than its Wednesday today then why don't we all get a test each day of the week? 


  • BrassicWoman
    BrassicWoman Posts: 3,220 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Mortgage-free Glee!
    edited 6 January 2021 at 5:27PM
    my town has set up a no-symptom testing centre that anyone can go to once a week. You book a slot online.

    "The tests will be available for those without symptoms of Covid-19 from Tuesday 5 January 2021 at the (location).

    The tests are available for booking between 8am and 8pm, Monday to Friday and 10am to 4pm on Saturday and Sunday and can be used weekly. The service uses the fast turnaround lateral flow test kits, which can deliver results in around an hour. Tests can be booked here: (website) "

    2021 GC £1365.71/ £2400
  • General_Grant
    General_Grant Posts: 5,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    my town has set up a no-symptom testing centre that anyone can go to once a week. You book a slot online.

    "The tests will be available for those without symptoms of Covid-19 from Tuesday 5 January 2021 at the (location).

    The tests are available for booking between 8am and 8pm, Monday to Friday and 10am to 4pm on Saturday and Sunday and can be used weekly. The service uses the fast turnaround lateral flow test kits, which can deliver result

    s in around an hour. Tests can be booked here: (website) "

    Yes, those are the less reliable tests - more false negatives than the other test where you have to wait longer because the swabs have to be tested in a laboratory.

    To get the more reliable test you do need to have at least one of the symptoms.
  • General_Grant
    General_Grant Posts: 5,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 6 January 2021 at 5:56PM
    Where I work they seem to send people for tests like it's going to pick up the newspaper. Nothing wrong with the people, no symptoms, they feel fine, but they're sent all the same and say they have to lie in order to get a test - saying they have symptom X, Y or Z. I was told about another department who were sent for a test & word was that they weren't allowed to work until their result came in. To put some context to it, this latest ramp up isn't just random - we have had an outbreak with a number of staff falling sick over the Xmas period and testing positive.

    My question is, if you refuse to get a test because you feel perfectly fine and have absolutely no symptoms whatsoever and they say you can't work without a test result - can they stop you working & use your annual leave for the days you have off?

    Part 2 of that question would be say you do have symptoms but also don't want or wont have a test - rather than have your leave as sick, can your employer deduct this leave from your annual holidays?
    Has anyone else addressed the matter of being told to lie to take advantage of a tax-payer funded service?
    Whilst an employer can give notice for someone to take holiday, is it reasonable to ask an employee to lie?  If the employee lies on the instruction of the employer does the employer doubt the truthfulness of the employee in other matters?
    No they haven't because they quickly want to assume that I have it and I'm wanting to spread it throughout. She should stick to being in Eurovision and give up the detective work. 

    This is the real concern - being told to go for a test when you have no symptoms and feel perfectly fine. 

    Smoke and mirrors my backside. It's just a question. Don't need to try and make it all mystical. 
    Something like one-third of the people carrying the virus may have few if any symptoms. However in some ways they are actually more dangerous in the workplace as they are just as capable of infecting others as another carrier who is clearly unwell.

    So, unless you have been reliably tested you have no way of knowing if you are infectious or not.
    I agree that without a test you don't know if at that moment in time you have the virus or not. 
    But aren't you only supposed to get the test if you show symptoms? Or live with someone who does? I could be wrong, but if you can go for a test willy-nilly for no particular reason at all other than its Wednesday today then why don't we all get a test each day of the week? 


    To get the more reliable test you need to have symptoms.  Living with someone with symptoms does not qualify you for one of these tests, it has to be that you yourself have symptoms. 
    But living with someone who has symptoms means you (and they) have to self-isolate.
  • Without reading through every other comment in detail, these are my thoughts:

    If your employer is providing coronavirus testing then I think it's reasonable for them to expect you to participate.
    If your employer is not providing the testing but asking you to lie to the NHS in order to get tested, I do not think that is reasonable. As I understand it, the test normally used for symptomatic people is different to the one used for asymptomatic people, so even aside from the morals/laws, lying about having symptoms means any test results should be considered unreliable anyway.

    Within certain limits, your employer can require you to use annual leave at a time of their choosing (see https://www.acas.org.uk/checking-holiday-entitlement/asking-for-and-taking-holiday). This is a general rule, so the coronavirus testing (or lack thereof) isn't strictly relevant - your employer doesn't need a reason to ask that you take annual leave. That said, I consider it a red flag if your employer's reason for requiring you to take holiday is that you were unwilling to lie to the NHS.

    If you have any coronavirus symptoms, you should immediately self isolate, and you will qualify for sick leave whilst self isolating (paid SSP or contractual sick pay). At this point, you could (without lying) request a test from the NHS - indeed you are advised to do this by the NHS, regardless of what your employer says. That said, I don't think they can force you to take a test. If you remain untested then you should continue to self isolate for the full 10 days, and that time should be counted as sick leave. I don't think your employer can require you to take annual leave when you qualify for sick leave (see https://www.acas.org.uk/coronavirus/using-holiday) - although I believe you could request to (e.g. to get full pay rather than SSP).

    There is an argument that, if you are symptomatic, your employer will want you to get the test because if it comes back negative you could return to work as soon as you are well enough (sooner than 10 days) and that refusing to do so could therefore be considered misconduct in some way. However, given that you can get a self isolation note to cover the full 10 day period based on having symptoms (you need to be told over the phone to self isolate by NHS 111 but if you have symptoms you will be - see https://111.nhs.uk/isolation-note/) then I think they would be pushing it to go down this route assuming you obtain the note.
  • couriervanman
    couriervanman Posts: 1,667 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    OP how old are you because you come across a typical young person who thinks they are invincible but who are actually Covidiots
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