Hello,
A question has arisen within our organisation, can employers legally stop employees travelling abroad now that the 'Stay in the UK' restriction will be lifted? Can we stop them going to green countries, or can we not do this?
Hello,
A question has arisen within our organisation, can employers legally stop employees travelling abroad now that the 'Stay in the UK' restriction will be lifted? Can we stop them going to green countries, or can we not do this?
No you cant. For one its perfectly legal to travel (so "legally" you cant) and secondly you could only do it as a reasonable management request of if you had some pretty restrictive contractual clauses. It cant (for 99.99% of cases at least) be a reasonable management request as HM Govt who know more than you say it is OK to travel.
You can ask nicely but I am not sure what you will say
On what basis would you even be trying it? I quite fancy a holiday in the sandwich Islands
In reply to Keith:
Thanks Keith, We are within the childcare sector and feel it would be an additional risk.. we have managed to go the whole pandemic with no cases in our setting.In reply to Rebecca:
On what scientific basis do you think it would be an additional risk?In reply to Rebecca:
You can point out that if the green status changes to amber or red they will have to isolate/quarantine by taking additional holiday whilst doing so.In reply to Rebecca:
HI Rebecca, there was a similar thread recently about restricting what people do in their own time, with very similar answers. The employer has little right to involve itself in someone's private time, especially if the planned activity is legal (not always cut and dried even if it isn't legal!) Think also about the message, your people have put themselves at risk to come to work with little ones who don't understand social distancing or not coughing on the nearest adult, and now they may finally be allowed a holiday abroad, you're threatening that you might not allow this.In reply to Peter Stanway:
All of this applies to returning from green countries:NEW THREAD FROM THIS POINT - MODERATOR
We don't want to stop people going on holiday but can't give people an extra 10 days to quarantine too. Can we decline additional time off for this and ask people to consider this when booking their holiday and consider it unauthorised if they decide to travel to Amber or red list country?
In reply to Peter Stanway:
Hi Peter, the guidance on essential travel is just that, it's guidance and therefore not law. Therefore people can travel where they wish. Also, I don't believe an employee has to tell their employer where they are going! Do they? Obviously employees will need to have enough days to take off though and in this situation, it doesn't sound like they will.
In reply to Deborah:
Employees have to tell you if it is a reasonable instruction, which I believe it isIn reply to Peter Stanway:
Is it reasonable to ask an employee where they are going everytime they book time off work? If employees are law abiding citizens, I find this very intrusive. It may be different if you suspected an employee of breaking the law etc...In reply to Deborah:
Deborah
So employee requests a week's holiday and it is approved. They subsequently inform the employer that they will need to take an additional week and a half of their holiday balance on their return - because 'they have enough days to take off' the employer just has to accept that?
I don't think so - that is unapproved absence and a potential conduct issue and something the employer has every right to get involved in.
In reply to Robert James Munro:
No, but if an employee books 10-15 days off and the employer approves and the employee follows the law, why would the employer get involved as to where they are going?Visit the main CIPD website
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