Employer told me to isolate for 10 days, but no legal requirement to do so? Now marking as "off sick

joenitro1

I'm in full-time work as a field engineer for a company in England. I am double vaccinated since July 2021.
In early August 2021, I attended a small sporting event and came into close contact (two hugs) with a person who lives in the same house as an individual who subsequently had a positive PCR test on the same weekend (he had done a fit to fly test on the Saturday).
I was on annual leave on the following Monday and Tuesday, but thought it prudent to ask my manager what I should do regarding work. I did lateral flow tests every day and they were always negative. He forwarded my email on to HR who then consulted an external H&S company. Because my situation was very unusual (a word of mouth "notification" and not an official "ping" from the NHS app, or advised by a doctor to isolate or anything) the external consultant couldn't give any specific advice.
My HR department told me to isolate for 10 days!

Very frustrating but not the end of the world, except that they have marked those days down as "sick" days on our HR software for booking holidays etc. This has now caused me to have salary docked this month, due to taking time off for an unrelated injury and therefore going "over" my company's sick pay allowance of 4 weeks per 12 month period. If I'd not done what I thought to be my moral duty at the time, I wouldn't have this issue now!

Were my company correct in basically forcing me to isolate for ten days? And what about marking it as off sick when I was not sick at all??

Any advice welcome.

Jeremy535897

When you say that you have had your salary docked, do you mean they have reduced your pay to SSP level? That is presumably what your contract of employment says should happen?

It might be worth you having a word with ACAS. Ultimately, if your employer is adamant about applying the rules in this way, you will have to decide whether it is worth pursuing further (an employment tribunal). It depends on how long you have worked there.

joenitro1

Jeremy535897 said:

When you say that you have had your salary docked, do you mean they have reduced your pay to SSP level? That is presumably what your contract of employment says should happen?

It might be worth you having a word with ACAS. Ultimately, if your employer is adamant about applying the rules in this way, you will have to decide whether it is worth pursuing further (an employment tribunal). It depends on how long you have worked there.

Thanks for replying.   Yes that's correct, they've paid two days of SSP (£38.54) and then made a deduction for 16 hours of "unpaid sick hrs"

Jeremy535897

If you have worked there over 2 years, it may be worth you speaking to HR, if you haven't already, and then complaining according to your employer's complaints process if HR don't help. As I said, speak to ACAS.

joenitro1

Jeremy535897 said:

If you have worked there over 2 years, it may be worth you speaking to HR, if you haven't already, and then complaining according to your employer's complaints process if HR don't help. As I said, speak to ACAS.

Yep been there since 2004!  I spoke to ACAS earlier (thank you) and they suggested the informal approach to HR in the first instance.   I've emailed HR to see what they say, stating that I believe they've marked it as sick days, when I was fit, ready and able to work.

We shall see!

[Deleted User]

They could have suggested you get a test. Tests are free, I had one this week because I was near someone who later tested positive at work.

joenitro1

Indeed they could and probably should have done.   Ironically, the external H&S company suggested that as an idea, but my HR manager ignored it and said I’d have to isolate for 10 days…

Also, I’ve heard back from HR a department today and they’re pretty adamant that they’re correct - that the government advice at the time was to isolate.  I want to contest this and tell them that it was only a requirement to isolate if you:

A) had any symptoms at all, which I didn’t.

We’re told to by a doctor etc, or Contacted by NHS Track and Trace, or pinged on the NHS app, none of which happened, obviously!

C) Came into “close contact” with an individual who was positive.  Which I absolutely did not and told them such.

D) Live with a person with Covid, which I obviously don’t!

Again, I only thought I should mention it to be a good person for want of a better phrase. I wish I hadn’t said anything now!


Someone else on another forum suggested that it sounds like a Medical Suspension, rather than sickness absence. And if that’s the case, that is at the discretion of the company and should have no detriment to the employee, ie no loss of pay, bonuses, sick days etc. 

sheramber

The rules on isolation changed 16 August.

joenitro1

sheramber said:

The rules on isolation changed 16 August.

Correct.   This all happened on the 1st of August onwards :-)

ItsComingRome

[Deleted User] said:

They could have suggested you get a test. Tests are free, I had one this week because I was near someone who later tested positive at work.

The OP was already using lateral flow tests.

Legally, there was no requirement for them to self-isolate. However an employer could refuse to allow them into work.  I don't believe it would be fair, or reasonable for them to do so, however. And not on if they're only going to pay SSP.

OP has probably been near many COVID positive people before and since then, it happens. The vast majority do not catch it.

tooldle

The OP was not paid SSP for the isolation absence.
Subsequently the OP has taken an additional period of sick leave which takes him over the company limit for paid sick pay. In isolation, absence one is ok, it is the combination of both absence that cause the problem. 
Is it still company policy to isolate in the circumstances described? If it is, it would be worth asking how a second and third isolation in any twelve month period would be handled. 
Several possible explanations here, including those processing the payroll are unable to differentiate between sickness and isolations. It could also be that the impact on pay from further sickness after a period of isolation was never considered, or the employer has considered all permutations and confirms the payment of SSP as correct.