So far Germany has not yet been removed from the quarantine exemption list which were published on 3 July. However, this does not mean that, if coronavirus cases continue to rise in Germany, the Government will not consider removing the country from the list – as seen with Spain and France thus far. On 26 July, Spain and its islands were removed from the Government’s list of countries which do not require self-isolation upon return to the UK. This means that anyone who arrives from Spain (and its islands) to England, Scotland, Wales, and Northern Ireland will need to self-isolate for 14 days on their return.
Likewise, since 14 August, France is no longer included on the quarantine exemption list. This also means that travellers who are returning from France will need to quarantine for a period of 14-days upon their return to England.
Even though Germany is still exempt from quarantine, this may change at any time so your client may still be faced with deciding how the additional two weeks’ absence from work will be managed. Your client should be aware that the employee will have no recourse to Statutory Sick Pay (SSP) in this situation; it is important that your client realises the difference in SSP treatment for this type of self-isolation when compared with others. For example, when an employee lives with someone who develops symptoms which does attract SSP. However, if your client wishes to pay SSP to any employee, travelling abroad who must self-isolate upon their return to the UK, will unfortunately not be able to recover it from the SSP Rebate Scheme.
If Germany is removed from the quarantine list, your client should get in touch with the employee on their return to ensure that they understand the need to self-isolate and agree with them how the absence will be covered bearing in mind that SSP isn’t applicable. If employees can work from home, this is likely to be the most favourable option. If this isn’t possible, your client may wish to consider paying full pay, paying the equivalent rate of SSP (which cannot be claimed back from the SSP Rebate Scheme), paying contractual sick pay, or agreeing further annual/unpaid leave.
Employers are permitted to cancel leave that has already been authorised and some may choose to do this to prevent the employee from travelling abroad if it is thought that the extra absence cannot be accommodated. Whilst this is lawful, providing that the employer gives the required amount of notice (the same length as the leave in question), your client must be careful with this as doing so may harm employee relations, especially if the employee were to lose money as a result.
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