Employees on 12 weeks isolation

Should employees on 12 weeks isolation be furloughed even though I have plenty of work available?

Didn't find your answer?

I run a care agency and so currently have work for all employees

I have several staff on 12 weeks leave either because they are high risk and are self isolating or because of a family member bei g high risk / child care etc.

I understand that these employees are entitled to SSP whilst they have an NHS / doctors certificate but what if they dont? Some are claiming that they should be furloughed but ACAS and the HMRC website imply this can only be done if no work is available.  I cant get through to HMRC.

Any help appreciated!

Replies (4)

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RLI
By lionofludesch
01st Apr 2020 16:30

Legal adviser might be a better port of call.

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By paul.benny
01st Apr 2020 16:41

If employees are self-isolating, they are entitled to SSP; they must produce an isolation note from nhs111 - see https://www.gov.uk/employers-sick-pay/notice-and-fit-notes

There is nothing in the JRS guidance about furloughing workers in these circumstances but it seems to be outside the spirit of the scheme. Note as well if you're being paid from public funds, you may not be eligible for the JRS.

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By kestrepo
01st Apr 2020 18:36

I think that if workers are Socially Distancing themselves then they are doing so at their own choice unless they are classed as vulnerable. If they choose not to turn up for work then it is a disciplinary matter that will fall under your disciplinary procedures. I would pay anyone SSP if they are Socially Distancing if I could afford it in the spirt of employee relations. If workers are Self Isolating then they should be paid sick pay in accordance with their employment contract (probably SSP in this case). You will be able to claim some SSP back from HMRC but only 14 days by the look of it. If you decide to pay Furlough to the Social Distancers and Self Isolaters and the rest of your work force get wind you might you have no one left to do the work for you - why work when you can get paid 80% for staying at home!! Perhaps the £94.25 per week will seem less alluring after a week or two and your workers will turn up for work. Whatever you decide to do good luck. Unprecedented times and right answers are hard to come by!

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