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Restricting travel abroad after 17th May?

Rebecca

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? 

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  • Strictly speaking they should only be travelling to those countries if it is essential (or words to that effect)
    You can and should be asking where they are going and warning them of the consequences. terming it AWOL is not a response I would adopt.
  • 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 is

    Just because something is not unlawful does not make it right. It may not be our role to police travel but if it has consequences then it is our business.
    In this case 'We are not prepared to give unpaid leave so not being back on the XXth will be seen as a serious disciplinary matter in the same way that anyone else taking holiday when it is not approved will be dealt with.@
  • in 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...
    Yes, in this situation, if the employee doesn't have enough days to take, the employer is well within their rights to treat it as a conduct issue if they fail to return on the correct date. But if an employee has enough days to take off and doesn't break any laws, I don't see this as something the employer can get involved in.
  • 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?
  • in reply to Deborah
    Because it may be 20-25 days and they might be returning before they should do.!.

    I just do not understand why holiday destination (country/ies is such a sensitive subject. They are not being asked if they are there for cosmetic surgery/quickie divorce or something potentially embarrassing. Going to Eastern Europe is no longer a political statement. I just don' get it.
    Most employers would not ask someone why they were going to the doctor or if they did would accept that it was for a 'personal' matter', which is the nearest analogy I can think of.
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  • in reply to Deborah
    Because it may be 20-25 days and they might be returning before they should do.!.

    I just do not understand why holiday destination (country/ies is such a sensitive subject. They are not being asked if they are there for cosmetic surgery/quickie divorce or something potentially embarrassing. Going to Eastern Europe is no longer a political statement. I just don' get it.
    Most employers would not ask someone why they were going to the doctor or if they did would accept that it was for a 'personal' matter', which is the nearest analogy I can think of.
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