COVID-19: Can I make my employee go home and stay in? What pay is due then?

If your employee falls into one of the categories for self-isolation mentioned in our previous update, your employee is deemed as incapacitated and unfit for work. You should insist that the employee follows the official guidance and goes into self-isolation. The SSP and any additional sick pay will be due.

If your employee is not in a category where self-isolation is advised, not ill and you prefer your employee to stay away from work as a purely precautionary measure, then the employee may be suspended on full pay. As an extreme rarity, the employment contract may stipulate a specific obligation of the employer to provide work, in which case the employer cannot require the employee to stay at home. In some but rare cases the contract will provide a right for the employer to suspend without pay.

 

Authors: Kiril Moskovchuk

Published: 16 Mar 2020

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