Not being paid for being forced to isolate.

tobygarrod939

Hi there,

I used to be self-employed, but now under IR35 I am a zero hours contractor. I am from Scotland, and currently working in the South East of England as a technical specialist on an energy related project (I am trained and skilled in machining/milling services to the nuclear sector – a job that has taken me all over the world). The duration of the contract is 6 weeks.

As mentioned, my current contract is zero hours, with accommodation/holiday/travel integrated into the hourly rate – the work is generally 12 hr shifts, and 12 days on 2 off. This post is not about IR35, but it has been a massive hit with worthwhile work becoming scarce in the UK, and indeed I have been working mostly as a courier this year as it pays the same now in the post IR35 world, but…… I don’t need to work away from home. However, this contract was paying a rate of pay that was agreeable, so decided to take it on.

It should be noted that after receiving the first dose of the Pfizer vaccine in June, I developed Bells Palsy – subsequently I have been advised not to take the 2nd dose – so the restrictions still apply.

I was flown down south by the agency I was working with on the 6th of September, and during the initial 3 days training I was told I had been pinged by track and trace (who had contacted my agency, as they had booked the flight) and would have to isolate until the 15th of September.

I returned to work, and on the 18th a member of the team tested positive for Covid, and all of us in close contact again had to isolate until the 27th.

Again, I returned to work, and then on the 7th of October another member of the team tested positive for Covid and I am writing this whilst isolating again. (the employer is doing weekly covid tests - both positives were asymptomatic people)

It should be noted that all PCR and LF tests I have taken throughout have been negative. I presumably had covid in late March 2020 (they weren’t testing at the time), so depending on what you read I may or may not have a degree of natural immunity – but that is another debate.

Anyway, the agency I am working for will not pay us for time spent isolating – despite this being enforced by the client. – I’m fit, able and willing to work, and under contract to work – but the client isn’t letting me work. Nor will the client pay the agency for time spent isolating. However, as my accommodation, travel, expenses are built into my hourly rate – I am being left significantly out of pocket with this arrangement. I have been down here 5wks and lost money on the contract as I’ve been paying out to stay in digs without bringing anything in.

Surely this is not right? My situation is a little more unique than the easily found information, so any advice is appreciated.

SSP is not covering my weekly expenses.

unforeseen

Sounds standard for a contractor working through an agency. No work, no pay. The fact that you have to isolate has no bearing. 

tobygarrod939

I get that, but surely there is help available for actually being left hundreds out of pocket in paying out expenses as a result of this? Not to mention a few grand out of pocket in lost earnings - which I concede are lost. 

Or am I up $**t creek without a paddle, so to speak?

rachel6188

Could you claim this? Good luck x
https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.gov.uk/government/publications/test-and-trace-support-payment-scheme-claiming-financial-support/claiming-financial-support-under-the-test-and-trace-support-payment-scheme&ved=2ahUKEwicj-mY0sHzAhUCZcAKHR9fA_kQFnoECAUQAQ&usg=AOvVaw2K414oPWoHUpKqx-kI_9Rx

silvercar

“ It should be noted that after receiving the first dose of the Pfizer vaccine in June, I developed Bells Palsy – subsequently I have been advised not to take the 2nd dose – so the restrictions still apply.”

Generally a bad reaction to Pfizer would indicate you should have Astra Zeneca as your second dose.

this would improve your resistance to Covid and qualify you as fully vaccinated.

tobygarrod939

silvercar said:

“ It should be noted that after receiving the first dose of the Pfizer vaccine in June, I developed Bells Palsy – subsequently I have been advised not to take the 2nd dose – so the restrictions still apply.”

Generally a bad reaction to Pfizer would indicate you should have Astra Zeneca as your second dose.

this would improve your resistance to Covid and qualify you as fully vaccinated.

I am just going on my GP's advice with that, I've not chosen without advice to not take a second vaccine. Given my low risk profile for Covid, my GP doesn't think it is appropriate that I take a 2nd dose and I have an exemption.

Given the bad reaction, I'd be very reluctant to take a 2nd dose - having Bells Palsy for a couple of weeks wasn't an enjoyable experience and a little terrifying as no guarantee it goes away. As it is, I've no lasting effect, but definitely not something I would want to go through again. 

tobygarrod939

rachel6188 said:

Could you claim this? Good luck x

I've looked into this, I don't think I qualify as having a low income, or having any of the criteria. 

As said, I was working as a self-employed courier for much of the time since Covid hit, and took this contract (back doing what I am qualified and 15yrs experienced in) as the rates paid were agreeable - fully intending to go back to courier work on completion of this contract. 

However, I have no idea what the threshold for being low paid is, whilst I am hardly rolling it in, I suspect I'm on enough to qualify as being beyond Low Paid. I suspect this might be a bit of a faff to claim as I've been both self employed and employed this tax year (and last tax year). 

theoretica

Are you paying directly for accommodation and travel or is the agency arranging and charging you?  I don't know how minimum wage works in such circumstances, but it is something to look at in the latter case.

I fear though that it may turn out to be a case that the contract you agreed was simply not as good as it looked.

sheramber

As the OP is receiving SSP I don't think minimum pay comes into the reckoning.

Anybody having to self isolate and only receiving SSP  will be in the same position of not having enough money for living expenses, rent. council tax etc.

onashoestring

It does all come down to the terms of your contract and what it says about pay whilst isolating because of being a close-contact . 

Are you a member of a union for your profession ? - If this type of contract is common in your industry they maybe able to advise your of your rights . 

Before my age group was able to be vaccinated, I was also working away from home on a similar contract ( different industry ) -I was aware that  if  any one in my bubble at work tested positive , I would be required to isolate and would only receive SSP - for this reason, I booked hotels which were refundable so that if I had to come home early I would not be out of pocket ( aside from the lost wages ) .

mattyprice4004

Im also self employed, and what you’re entitled to comes down to the contract you signed.
This should cover who pays what in the event you’re unable to work.