Quarantine
17th August 2020
Quarantine
In our earlier update, we discussed the issue of staff going abroad this Summer and the possibility of them needing to quarantine for 14 days on their return and the impact this may have on schools re-opening in September.
Currently, the Foreign & Commonwealth Office advises British nationals against all but essential international travel – click here
The exemption list is ever changing, Spain has been on the quarantine list since 25th July and from Saturday 15th August, anyone returning France, Malta, Monaco, Netherlands, Turks and Caicos Islands will also be required to quarantine. However since the 10th May, people entering the Uk have been asked to quarantine.
The government issued updated guidance, on self-isolation when returning to the UK, on the 31st July 2020. It confirms that when individuals arrive in the UK, they will not be allowed to leave the place where they are staying for the first 14 days they are in the UK (known as ‘self-isolating’) unless they arrive from an exempt country.
FAQ’s
Can you require staff to work during their 14-day quarantine period?
The 14-day quarantine is a legal requirement; there is no element of choice on the part of the employee. If they fail to self-isolate, they commit a criminal offence and can be returned to their quarantine address, or detained to undergo quarantine at accommodation provided by the state. In England, if they do not self-isolate, they can be fined £1,000. Therefore, an employer should not require (or allow) a worker to physically attend their workplace within the 14-day quarantine period, because to do so would amount to encouraging the employee to commit a criminal offence and subject to a fine, which the employer may end up paying. However, the quarantine regulations do not prevent the worker from working, provided they can do so without leaving their place of self-isolation. Therefore, if the member of staff can work remotely, they can be required to do so.
Do the terms and conditions for Support and Teacher staff provide them with additional rights, in addition, to UK employment law during quarantine?
This is a complex area as these staff do have additional terms and conditions that employers outside of the educational sector do not need to consider. As you know, Teachers’ terms and conditions are covered by the Burgundy Book, and school support staff are covered by the NJC Green Book.
On the 12th February 2020, the NJC issued a circular relating to quarantine on entering or returning to the UK covering ‘Green Book’ terms and conditions. This circular drew attention to the provision set out in the ‘Green Book’ sickness scheme at Part 2 Para 10.9, which says: “An employee who is prevented from attending work because of contact with infectious disease shall be entitled to receive normal pay. The period of absence on this account shall not be reckoned against the employee’s entitlements under this scheme”
The Burgundy Book also has paragraphs relating to sickness scheme in relation to infectious diseases: Section 4 Sick Pay Scheme, Paragraph 10 ‘Contact with infectious diseases’ and 10.3 as follows: 10.3 “A teacher residing in a house in which some other person is suffering from an infectious disease shall at once notify the employer and the teacher shall, if required, take such precautions as may be prescribed, provided that if in the opinion of the approved medical practitioner it is considered inadvisable, notwithstanding such precautions, for such teacher to attend duty, full pay shall be allowed during any enforced absence from duty, such pay being sick pay for the purpose of paragraphs 3 to 7.5 above. This provision will also apply where, in the opinion of an approved medical practitioner, it is inadvisable for a teacher to attend duty for precautionary reasons due to infectious disease in the workplace. The period of the absence under this paragraph shall not be reckoned against the teacher’s entitlement to sick leave under paragraph 2 above, though such absences are reckonable for entitlements to Statutory Sick Pay.”
Do I have to pay staff during the 14-day quarantine period?
Following the publication of the Foreign Office advice (above) all school staff deciding to travel abroad will have done so fully cognisant of the quarantine requirements on re-entering the UK (or potential)…however as we know these are ever-changing.
Since the NJC circular was issued earlier this year, circumstances have changed and the Foreign Office guidance has been clear for a few months that travelling outside of the UK should be for essential reasons only. Therefore, our advice is that the T&C’s discussed above are unlikely to apply for those now returning to the UK and you may not need to pay staff when they ‘quarantine’ for this reason. However, as ever it, is not as clear cut so there may be situations/reasons why staff should be paid. Therefore before making any decisions please contact your HR Consultant.
For employees who have booked their holiday after lockdown in March 2020, our expectations is they should have sought the head teacher’s agreement that, if a quarantine requirement applies in early September, they will be permitted to work from home. But it is for the school to make their own decision and we are not advising this is a one size fits all answer. We have provided some points below for you to consider and advise you to discuss individual circumstances with your HR Consultant before making a final decision.
Will staff receive sick pay during the quarantine period?
The government have not yet amended the SSP regulations because of the 14-day quarantine, so it is unlikely a non-symptomatic employee can claim sick pay, unless they are covered in some other way (e.g. because a member of their household is self-isolating with symptoms). In the absence of it being sick leave, annual leave or unpaid leave, then it will be unauthorised leave. However, because breach of self-isolation amounts to a criminal offence, an employer should seek advice from their HR Consultant before considering any disciplinary action.
What points should you consider?
Each school will have a different approach to managing these situations as is the case with many issues. Our advice is to understand the size of the issue, when the holiday was booked and why the individual determined this was essential travel based on the Foreign Office guidance e.g. attending a funeral
School should in the first instance talk openly with the individual and consider whether working from home during the quarantine period is practical and feasible. For example, where an employee cannot do their normal work at home, the employer should consider whether it would be reasonable to redeploy them to alternative duties that they could carry out at home.
What are your options?
If it is not feasible for an employee to work at home, schools do have a number of options, some more palatable than others, such as:
- Ask staff to take unpaid special leave
- Ask staff to make up 14 days leave over a period of time, if feasible
- The school agrees to pay the employee during the quarantine period
The above is not a definitive list so further discussion is needed as schools and individuals may have other solutions. All decisions need to be recorded in detail as they may be challenged and you may need to evidence your decision-making process. As stated previously, when you have all the relevant information, please contact your HR Consultant to discuss this matter.