‘Self-isolation’ – what it means and its possible impact on your rights and pay

Up until a week ago many of us had probably never heard the term ‘self-isolation’, but not a day goes by without us being aware of people who have been asked or have chosen to isolate themselves to minimise the spread of the Coronavirus.

COVID-19 guidance for employees
27th February 2020

DAS has put together a set of regularly-updated COVID-19 FAQs for individuals, covering employment rights and rights for the self-employed. You can read them on our dedicated COVID-19 microsite.

What impact could self-isolation have on workers’ rights and pay? Nicole Rogers, Solicitor at DAS Law has the answers.

I am worried about recent developments and I feel that I should be ‘self-isolating’. Can my employer deduct my pay for the time I am away from work?

This will depend on the facts. If you are otherwise fit for work but are taking precautionary steps by ‘self-isolating’, technically you are not entitled to sick pay. You are of course entitled to request annual leave.

In circumstances where you do not wish to take either sick leave or annual leave and you are wanting to take precautionary steps then before you make any decision to self-isolate, speak to your employer.

Many employers can allow temporary flexible working arrangements to enable employees to work from home.

What are my rights if I have either contracted the virus or I am told by my employer to self-isolate?

If you have contracted the virus, normal rules around sick pay will apply and you will either receive Statutory Sick Pay (SSP) or contractual sick pay.

In circumstances where you have not contracted the virus but your employer has specifically told you not to come into the workplace as you have been in or to an affected area, your employer may look to see what flexible home working arrangement can be put in place to enable you to work.

Strictly speaking you will not be entitled to sick pay, but you will be entitled to request annual leave or unpaid leave. Speak to your employer as many organisations will be putting in place their own policies to cover this situation.

You may also have a specific clause in your contract relating to such circumstances and how this time off should be paid.

Can I be forced to use my annual leave if I am ‘self-isolating’?

You cannot be forced to use annual leave if you are medically unfit for work. However in many other circumstances, your employer can force you to take annual leave if they provide you with adequate notice; twice the amount of the days you are being forced to take. For example, to force you to use 5 days’ holiday, your employer must give you 10 days’ notice.

If your employer is asking you to take annual leave, you are entitled to request unpaid leave or sick leave if you are unfit to attend work.

Will I be paid statutory sick pay while I’m away from work?

Only if you are medically unfit for work and meet the eligibility criteria for Statutory Sick Pay.

Will my pay be affected if I have to stay at home due to my child’s school being closed?

You have the right to reasonable time off to deal with unexpected disruptions relating to the care of your child; this includes incidents relating to your child’s school.

You must notify your employer as soon as possible and advise, where practicable, how long the disruption is likely to last. This time off is unpaid but you may request to use this time as paid annual leave.

If I am on a ‘zero hours’ contract will I lose pay for the time I am away from work?

Genuine zero-hour workers have no right to be offered work and no obligation to accept work. Therefore, you will likely have no right to pay. In the event that you have been advised to self-isolate, your employer will be entitled to simply not offer you any work until the isolation period has ended.

Disclaimer: This information is for general guidance regarding rights and responsibilities and is not formal legal advice as no lawyer-client relationship has been created. Note that the information was accurate at the time of publication but laws may have since changed.

Nicole Rogers

Senior Associate, Solicitor

Learn more
Can an employer ban working from home?

A recent ban on working from home at BNY Mellon raised questions about what an employee’s rights are when it comes to working from home.

June 2019 Learn more
Your rights if it’s too cold in the workplace

As the winter weather arrives with a vengeance, chilly workplaces across the UK are potentially having serious impacts on the health and effectiveness of employees.

January 2019 Learn more
Taking sick leave

If you fall ill, you are entitled to take time off work until you recover. It may benefit you to be fully aware of your rights.

April 2018 Learn more

Read more from the DAS Law blog

Employment disputes Labour’s Employment Rights Bill – A brief update

On 10 October 2024 Labour unveiled the Employment Rights Bill, which set out 28 employment law reforms.

October 2024
Employment disputes Sexual Harassment in the Workplace – A Time for Change

Here’s how things are changing for employers in respect of their duties regarding the prevention of sexual harassment in the workplace as of 26 October 2024.

September 2024
Employment disputes Workplace mediation – a better alternative?

At some point an employer will need to deal with workplace conflict. Workplace mediation can help to foster positive working relationships.

July 2024
Employment disputes 10 top TUPE tips for employers – Transferees

TUPE kicks in when there is a transfer of a business from one organisation to another or there is a service provision change from one provider to another.

June 2024
Employment disputes Faulty products face recalls – these are your rights when things go wrong

Gurkaran Singh Gill looks at what you can do if you have bought a faulty product.

May 2024
Employment disputes 10 top TUPE tips for employers – Transferors

Here are our top 10 TUPE tips for the Transferor – this is usually the seller of the business to another or a client seeking to outsource a service.

May 2024
Employment disputes What employers need to know about performance management and grievances

Thomas Eastment, Legal Adviser at DAS, looks at how employers can balance performance management while ensuring fair and legally compliant grievance resolution.

May 2024
Employment disputes Managing absence – an employer’s perspective

Employers must navigate the delicate balance between supporting staff welfare and ensuring operational efficiency.

April 2024
Employment disputes Employee, self-employed or worker? – The Bitesized Edition

Employment status can be complex if an organisation does not define the relationship with an individual clearly and reflective of the actual relationship in practice.

April 2024
Employment disputes Workplace stress: your responsibilities as an employer

Commenting on Stress Awareness Week, Sarah Garner, Solicitor at DAS Law, takes a look at what the law says employers needs to do about stress.

April 2024
Employment disputes International Stress Awareness Month: your workplace rights

To mark International Stress Awareness Month, Sarah Garner takes a look at what the law says your employer needs to do about workplace stress.

April 2024
Employment disputes Don’t get in trouble with the law on April Fool’s Day

When does the line between hilarious and harsh get crossed and can a prank turn into legal proceedings?

March 2024
Employment disputes Top 10 Settlement Agreement tips for employers

The purpose of a Settlement Agreement is to bring an employment relationship to an end by mutual agreement. Here are our top 10 tips for moving people on with settlement agreements.

March 2024