Updated: Mar 27, 2020
Here are Greystone Legal's F.A.Q.s to some pressing questions at this difficult time.
Please note that new guidance is constantly being issued and so is subject to change. This guidance is up to date as of 18 March 2020 and replaces our guidance issued on 16 March 2020
Can you send an employee home to self-isolate?
If the workplace and the nature of the role allows for remote working then you should consider whether this would be a suitable alternative to sending an employee home for the purposes of self-isolation.
If there is an identified risk that an employee may have been exposed to Covid-19, then it is unlikely to be a breach of the employee’s contract to require an employee to stay at home in the circumstances, assuming there are reasonable and non-discriminatory grounds for concern, and that the matter is dealt with appropriately, proportionately and sensitively.
If you send an employee home from work to self-isolate, what pay are they entitled to?
An employee’s right to pay where their employer sends them home from work will depend upon the precise circumstances of that decision. Where the employee is able to continue to work from home then, subject to any contractual provision to the contrary, they will continue to be entitled to their normal rate of pay.
If they are not able to work from home then consideration will need to be given to the terms of their contract of employment.
If an employee is suspended by the employer on health and safety grounds, because of the possible risk of infection which does not for within the government self-isolation advice, it is likely that they have the right to continue to receive full pay under their contract, particularly if the employee is willing and able to perform work in accordance with their contract.
Some casual or zero hour contracts may have no entitlement to be provided with work and therefore have no entitlement to pay if the employer does not provide th