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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64919
Experience:  Qualified Employment Solicitor
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Could you please advise me on my current situation. I am an

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Good Afternoon. Could you please advise me on my current situation. I am an employee and 23 weeks pregnant,I was planning to take my holiday before the due date and than go on maternity leave, which means I would still work till June. Because of the situation with covid-19 the company offering me to either self isolate or take my full holiday now. The HR also saying that by the Government advise on the vulnerable group, if I decide to self isolate I will be paid only SSP, not 80% of the salary. Obviously if I take my holiday now, I will not be able to come back to work later, as I will be close to my due date and I will have no choice as to take early maternity leave. Could you please clarify my rights in this situation? Thank you
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I discussed this previously with the line manager, also send the email to him, in which I confirmed that I would like to continue working for now and take full responsibility for my wellbeing.However, as he sent my email to HR, they came back to him saying that they are not allowed to take a risk and I have two options either to self isolate or book my holiday.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that is all, I think.

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.

How long have you worked for this employer?

Customer: replied 11 days ago.
Hi Ben. I have worked for them one year.

Thank you. The 80% scheme is just there for people who have no work and the employer cannot pay them as a result, it is not for anyone who self isolates or is vulnerable and cannot go to work.

 

Because you have t self-isolate due to being on the vulnerable persons list, you can consider working from home if possible and should be paid as normal for that time. If your jobs is not capable of being performed at home, you have to either go off om sick pay, as per contract, or take holidays instead.

 

Only if the remaining workforce is furloughed and they close the workplace down would you have an argument to be treated the same and be furloughed as well, benefitting from the 80% scheme.

 

Does this answer your query?

Customer: replied 11 days ago.
Yes, thank you. Also, could you advise if I could still continue to work, as I sent an email to the company in which I am confirming that I take full responsibility for my wellbeing?

They have a legal duty to ensure your health and safety so even if you say you are happy to work, they can overrule that to ensure they remain within the law

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you.

All the best