By Muchie Shamuyarira, HR Director and HR, Employment Law Consultant in the UK
– Basic contractual options for employees in the UK who go on holiday to a country
and a quarantine is imposed suddenly for those returning from that destination!-

The UK has suddenly updated its Red list: https://www.gov.uk/guidance/red-list-of-countriesand-territories

Employees taking foreign holidays may find a quarantine is suddenly imposed for people returning from that destination, and employers will need to be flexible and assist employees following the quarantine requirements upon their return UK latest national guidance:

Employees also need to be responsible and flexible; disputes may arise if some notice is given that a quarantine is imminent, and the employee could perhaps have avoided the sudden quarantine by returning home promptly. Employers and employees can be completely unprepared for such decisions.

The basic options for quarantined employees are:
• Working from home/quarantine hotel if possible
– If the employee can work from home or in their quarantine place then they may
expect to be paid as normal. However, the employer may not be obliged to pay if the
employee cannot undertake their normal work or be allocated a special project.
• Using annual/ paid leave
– As employers have health and safety obligations to other staff, they may
decide following a risk assessment that protecting others in the workplace
means they should simply keep paying the employee for remaining at home
or being in a quarantine place even if they cannot work. This would effectively
amount to granting additional paid time off work in addition to normal holiday
leave or could mean using up the employee’s annual leave. This solution may
be most appropriate if the quarantine was imposed suddenly.
• Unpaid leave
– Employers could agree with employees that any quarantine period be taken as a
period of unpaid leave.
• Statutory Sick Pay (SSP) during quarantine
– Employees faced with a sudden quarantine period cannot claim SSP if they need to
quarantine just because of their trip. Post-travel quarantine is not a ground for
claiming SSP. However, if the employee begins to show symptoms at any point
including any 10-day quarantine period, then the usual rules and processes around
sick leave and SSP apply.

If you have been affected by sudden change of quarantine rules and have visited a red listed country, you are strongly advised to contact your employer and discuss options available to account for the quarantine period (if you have to, unless you are exempted). Failure to contact your employer and discuss the potential options may constitute ‘unauthorised absence’ unless you return early on the originally agreed date.

If you have further queries or any employment related query you can seek legal advice from your Trade Union, Solicitors, or contact us on:- email: [email protected] or mobile: 077 2385 4713 or 073 6817 5771

Disclaimer: This article is written in a personal capacity. It is not intended as a substitute for professional advice, judgement or to provide legal or other advice with respect to particular circumstances