Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
Please explain your daughter's situation in some detail. What happened exactly that led to the disciplinary?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. What do you specifically want to know about this, please?
Thank you. The 80% scheme is for employees who have no work and the employer cannot pay them as a result – e.g. when the business is so quiet that they cannot be given any work or the employer has had to shut down temporarily. It is not there for employees who are self isolating due to being at risk. If she is doing that then she would be considered on sick leave and be entitled to whatever sick pay she get under contract, which could be only SSP.
Due to the widespread need for people to self isolate, especially as it is done following Government advice, I would not expect the employer to include that period of absence in her total absences to date and use it against her in the future.
Does this answer your query?
Only the employer can decide to apply for the 80% and only if there is no actual work for that employee. If that appears unlikely then SSP may be the only option
Does this clarify things a bit more for you?
Depends on the reasons you are off, if you she is self isolating then they can leave her on sick pay so she could advise them that she is taking herself off self isolation in order to prompt them to furlough her instead