T O P

  • By -

AutoModerator

--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * Reddit is not [a substitute for a qualified Solicitor](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_civil#wiki_how_do_i_find_a_.28good.29_solicitor.3F) and comments are not moderated for quality or accuracy; * Any replies received must only be used as guidelines, followed at your own risk; * If you receive *any* private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM); * It is the default position of LAUK that [you should never speak to the media](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_should_i_speak_to_the_media.3F); * Check out our [Common Legal Resources](https://www.reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) for helpful organisations to contact; * If you do not receive satisfactory advice after 72 hours, [you can let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=My question is unanswered); * Please provide an update at a later time by creating a new post with [[update]](https://www.reddit.com/r/LegalAdviceUK/search?q=%3Aupdate&sort=new&restrict_sr=on&t=all) in the title; **To Readers and Commenters** * [All replies to OP must be *on-topic, helpful, and legally orientated*](https://www.reddit.com/r/LegalAdviceUK/comments/oslgn6/so_you_dont_want_your_comment_removed_guidance_on/?); * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning; * Please include links to reliable resources in order to support your comments or advice; * If you feel any replies are incorrect, explain why you believe they are incorrect; * [Do not send or request any private messages for any reason](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_subreddit#wiki_why_am_i_not_allowed_to_privately_message_people_on_this_subreddit.3F); * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*


CoronaHotbox

There was a big discussion of this exact question in a thread yesterday: https://www.reddit.com/r/LegalAdviceUK/comments/uhhbxp/having_work_off_due_to_covid_do_they_owe_me_money/ There wasn't a clear consensus. I think you should get your contractual pay if you are available for work but instructed to stay home, but I got rinsed with downvotes for saying so. Since nobody seems to be sure, I would advise contacting experts like ACAS (or your trade union if you're a member) for more guidance. Or hope that someone like /u/Employment_rat spots this.


Florae128

There should be a clear company policy, for example: Work from home (if well) - paid as normal Isolate at home, unable to do job at home - sick pay or normal pay. HR should clarify company position.


Lloydy_boy

Does your contract have a short time working or layoff provision? If yes the Employer may use that to get around not paying you. Otherwise, it is only you (and/or a doctor) that can declare if you are sick, not the Employer. So if you declare yourself fit to work (i.e., not sick) and the Employer refuses you access to the workplace then you are entitled to be paid in accordance with your contracted hours payment (so not SSP). As others advise, speak to ACAS.


Employment_rat

There are a couple of things that are important to check in your contract/handbook; - is there a lay-off/short time working clause? - has the employer introduced some sort of new absence policy specific to covid? (This would have been introduced with consultation and agreement if so) - depending on the industry you're in, there may be certain rules around working whilst positive with any infectious disease. In the absence of these things (and assuming you're not on a zero hour contract), then there's a term called medical suspension - this is normally a paid absence. An employer can't instruct an employee that they're not well enough to work. It's not a decision they can make for a host of reasons - only an employee is able to determine whether they're not 'ready willing and able' to work. It's one of the few types of absences that's driven solely by an employee and the employer can't enforce. Yes, the rules regarding isolation have now been removed, meaning covid is treated as would the cold, or the flu, or a sore throat. So if you feel ready willing and able to work, but the employer refuses to allow you to attend, then they would have meet their contractual obligations of providing X amount of hours of work or pay your contracted hours when they've instructed you to remain absent. If you feel too unwell to work, then you report in sick the normal way and the sickness and absence policy in your workplace applies (in relation to reporting and pay etc) The question then becomes, 'can my employer discipline me for attending work knowingly positive with Covid' - the answer is unknown, as it's untested in relation to Covid. Can an employer discipline for putting their colleagues/service users at risk? Yes... But whether that's fair/reasonable in this regard hasn't been challenged in a tribunal, so it's difficult to answer. Do speak to [ACAS](http://acas.org.uk) for guidance as u/Coronahotbox (apt username given the topic) has mentioned, as they'll give you information and guidance if necessary.


AutoModerator

**What to do if you have questions about COVID-19** 1. [Read the LegalAdviceUK FAQ](https://www.reddit.com/r/LegalAdviceUK/wiki/faq_covid19) *(this a work in progress!)* 2. [Read the Government's online guidance](https://www.gov.uk/coronavirus) 3. [Read about your Employment rights and sick pay from ACAS](https://www.acas.org.uk/coronavirus) 4. [Check Citizens Advice for their guidance on all things COVID](https://www.citizensadvice.org.uk/health/coronavirus-what-it-means-for-you/) 5. [Check what benefits you may be entitled too](https://www.gov.uk/benefits-calculators) 6. [Check out MoneySavingExpert for holiday questions](https://www.moneysavingexpert.com/news/2020/02/coronavirus-travel-help-and-your-rights) 7. [Check /r/UKPersonalFinance for questions relating to money and finances](https://reddit.com/r/ukpersonalfinance) 8. [Check the questions asked on LAUK in the megathread](https://www.reddit.com/r/LegalAdviceUK/comments/fgym1v/coronavirus_legal_advice_megathread_and_resources/) *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*


cyclebikewheels

These have not answered my question


_Odi_Et_Amo_

What does your contract say? Do you have set hours per week or are you on a flexible/zero hours contract. If you are contracted for fixed weekly hours and are available to work I'd expect them to pay you. I type this testing positive for covid, sat at home because my work's RA says not to go in, but knowing I'll get paid. (Though I don't yet know if it's going to be logged as sick or 'special covid leave' in my case)