Asked to stay home when fit to work - please help

sacvp99

My 10 days self-isolation (following a positive test) finishes today. I am symptom free, feeling well and was planning to return to the office tomorrow (Friday). 
I have just been called by my line manager and was advised not to return until Monday. I do not get company sick pay (only SSP) so I asked if I will be getting paid to stay home tomorrow to which he replied no, only SSP. I said I wasn't happy because I am not ill and it is the management that are forcing me to stay home.

My question is, can they do this? 

Jeremy535897

For all practical purposes, yes they can, as your remedy is to complain first, and then when that achieves nothing, an employment tribunal.

sacvp99

Jeremy535897 said:

For all practical purposes, yes they can, as your remedy is to complain first, and then when that achieves nothing, an employment tribunal.

Oh, so they can legally stop me from going in even when there's nothing wrong with me and they don't have to pay me either?
Also, I cant see how they can pay me SSP if I no longer qualify? 

Grumpy_chap

sacvp99 said:

I am symptom free, feeling well and was planning to return to the office tomorrow (Friday). 
I have just been called by my line manager and was advised not to return until Monday.

I think, in many cases, a "supportive" employer / Line Manager with an employee that has been off work for 2 weeks and that employee says on Thursday that they are fit to return on Friday would simply say that there is no point being back on Friday, take the weekend to ensure you are fully recovered, and return bright-and-breezy on Monday.
In that case, what you have been asked to do is not different to any other time.

There is possibly the extra concern that positive COVID, if you carried any residual virus that could spread, would sweep through the whole team resulting in a high level of sickness.  It is not long since the recommended isolation period was reduced from 14 days.  The employer could simply say they are being extra cautious and even ack it up with a COVID risk assessment / COVID policy (which may not have been updated to reflect the reduction in isolation from 14 to 10 days).  If that is the case, then the company is following their policy, which is permitted to be more robust than the minimum set out by the Government.  I suspect, then, any employment tribunal would take the side that the employer had acted reasonably and with the interests of all employees.

This might be one to suck it up and accept the extra day on SSP.

sheramber

 ten days plus the day of test
If you test positive, your self-isolation period includes the day your symptoms started (or the day you had the test, if you do not have symptoms) and the next 10 full days.
https://www.nhs.uk/conditions/coronavirus-covid-19/self-isolation-and-treatment/when-to-self-isolate-and-what-to-do/

Tammykitty

No they cannot - they can request you to stay at home, but they have to pay you.
If you are cleared and fit for work (as per NHS guidance) and they are not letting you attend, it is unlawful deduction of wages.
Realistically - do you want to fight it though?

sacvp99

Grumpy_chap said:

sacvp99 said:

I am symptom free, feeling well and was planning to return to the office tomorrow (Friday). 
I have just been called by my line manager and was advised not to return until Monday.

I think, in many cases, a "supportive" employer / Line Manager with an employee that has been off work for 2 weeks and that employee says on Thursday that they are fit to return on Friday would simply say that there is no point being back on Friday, take the weekend to ensure you are fully recovered, and return bright-and-breezy on Monday.
In that case, what you have been asked to do is not different to any other time.

There is possibly the extra concern that positive COVID, if you carried any residual virus that could spread, would sweep through the whole team resulting in a high level of sickness.  It is not long since the recommended isolation period was reduced from 14 days.  The employer could simply say they are being extra cautious and even ack it up with a COVID risk assessment / COVID policy (which may not have been updated to reflect the reduction in isolation from 14 to 10 days).  If that is the case, then the company is following their policy, which is permitted to be more robust than the minimum set out by the Government.  I suspect, then, any employment tribunal would take the side that the employer had acted reasonably and with the interests of all employees.

This might be one to suck it up and accept the extra day on SSP.

Ah, well that sucks. As far as I was concerned I was always going back in tomorrow. Fridays are busy and I have lots to do. Disappointing to get a call at 5pm to be told I'm not welcome back until Monday. despite not having any symptoms for about 5 days and having completed the full 10 days isolation from first symptom date. Grrrr... 

Jeremy535897

sacvp99 said:

Jeremy535897 said:

For all practical purposes, yes they can, as your remedy is to complain first, and then when that achieves nothing, an employment tribunal.

Oh, so they can legally stop me from going in even when there's nothing wrong with me and they don't have to pay me either?
Also, I cant see how they can pay me SSP if I no longer qualify? 

I didn't say they can legally stop you, but it is a civil matter or possibly an unlawful deduction from wages, and the only remedy is to go through your employer's complaints procedure, and then on to an employment tribunal. Nobody would do that over the difference between SSP and normal wage, particularly when you have the day off. SSP is normally funded by the employer, so it would only be if they sought to claim the SSP back under the coronavirus provision that your employer might be making a false claim, and that is a matter for the employer and the government.