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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64458
Experience:  Qualified Employment Solicitor
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Evening, I'm concerned with the answer from the employee for

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Evening, I'm concerned with the answer from the employee for my daughter working in a private nursery about the possible route of the 'furlough worker'
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: is was given notice with email just now, asking to reply to a survey before 7pm
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that my daughter received a disciplinary note the very day she said she was isolating herself because of asthma after the government advice

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.

Customer: replied 5 days ago.
ok, thank you

Please explain your daughter's situation in some detail. What happened exactly that led to the disciplinary?

Customer: replied 5 days ago.
she has IBS and asthma which they knew before starting the contract last July and during the winter months she was off few times due to viruses got in the workplace, obviously working with young children
Customer: replied 5 days ago.
It was always confirmed by the doctors and when she was off for 2-3 days never been payed obviously

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?

Customer: replied 5 days ago.
what is best to do at the moment, is the 80% wage under the Gov scheme going to be at discretion of the employer to accept or not?
Customer: replied 5 days ago.
she is at the moment falling under the category of the people at high risk told to be 'shielding', does this mean that she is entitled to the SSP anyway?
Customer: replied 5 days ago.
she is not affected by the virus at the moment, but unable to know what will happen with her job...
Customer: replied 5 days ago.
THese are the letters she received
Customer: replied 5 days ago.
also this one

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?

Customer: replied 5 days ago.
yet, the employer seemed to have suggested this option for her now and ask if she would want to apply .... but they have already stated that they will pay her the statutory sick pay.
It was confusing to have been given the option... is your advice to accept the SSP even if lower than the 80% of wage? thank you for you answers

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?

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 2 days ago.
the employer has now decided to apply for their employees the 80% scheme. As the nursery is now closed, can I ask to stop the SSP and apply for the 80% scheme?

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

Customer: replied 2 days ago.
Thank you. What concerns me most is the unfair letter (attached earlier on the 23/3 suggesting that she must show 'immediate and sustained improvement in her attendance. But IBS is not a condition easily controlled and the GP confirms that she had to be tested for low immune system.