A self-isolating em...
 

MegaSack DRAW - This year's winner is user - rgwb
We will be in touch

[Closed] A self-isolating employee query

41 Posts
21 Users
0 Reactions
123 Views
Posts: 9156
Full Member
Topic starter
 

Hello friends - a person I know has a work colleague who's called in sick as they're exhibiting Covid symptoms. They have decided to self-isolate themselves for ten days, but are declining to seek a test - is that allowed? Just seems a bit like a lengthened sickie to me...


 
Posted : 17/09/2020 10:45 pm
Posts: 25875
Full Member
 

no idea

can they work from home ?


 
Posted : 17/09/2020 10:50 pm
Posts: 7751
Free Member
 

Given the farce that is the testing 'system' it's seems legit to me - but shouldn't stop them from WFH.


 
Posted : 17/09/2020 10:50 pm
Posts: 9156
Full Member
Topic starter
 

They're doing the minimal of mailing in what their colleagues need to do to cover on a daily basis, but there's little more that they can do from home - it's more a matter of, can they decline to take a test for a potential illness they're off sick for, when A) it may indicate clearly whether or not they're swinging the lead, and B) that may have potentially major issues for the people they work with (ie, if they DO test positive, the rest of their bubble needs to self-isolate too)?


 
Posted : 17/09/2020 10:59 pm
Posts: 25875
Full Member
 

Has anyone asked them why they don't want a test ?

If I were their employer I'd be looking at finding them alternative duties - and consulting my HR dept if the company has one.

If I really thought they were taking the piss I might also be phoning them at home rather than accepting emails - maybe a couple of times a day. After all, they can't leave the house during that period so it'd be no bother finding them.


 
Posted : 17/09/2020 11:09 pm
 csb
Posts: 3288
Free Member
 

Presumably anyone wanting to pull a fast one could just say they've had a test and it was positive. Does covid testing generate a statutory sick note? And is it officially notifiable?


 
Posted : 17/09/2020 11:40 pm
Posts: 77692
Free Member
 

a person I know has a work colleague who’s

What does it have to do with them? That's a question for their employer.

it’s more a matter of, can they decline to take a test for a potential illness they’re off sick for

That's arse-backwards. Are they obliged to get tested? You can self-certify for seven days' sickness and don't need to see a doctor.

They’re doing the minimal of mailing in what their colleagues need to do to cover on a daily basis, but there’s little more that they can do from home

Are they actually "off sick" or are they "working from home"? If the former then they're not doing the 'minimal' but rather they're working when they shouldn't be.

This all sounds a bit "free holiday" green-eyed monster to me. Would your friend rather they were in work potentially hospitalising half the building?

Has anyone asked them why they don’t want a test ?

If they live in Lancashire there's no choice, we've run out.


 
Posted : 17/09/2020 11:54 pm
Posts: 7751
Free Member
 

Are they actually “off sick” or are they “working from home”?

SSP is £95/week; minimum wage for >25 yr old is £8.72/hr; 37.5 hrs/wk = £372.
No-one in their right mind would choose SSP over WFH - unless they were truly incapable of work.


 
Posted : 18/09/2020 12:08 am
Posts: 9156
Full Member
Topic starter
 

What does it have to do with them? That’s a question for their employer

The person I know line manages the colleague - the employer's just sort of going "meh - if they do it again, we'll clobber them".

That’s arse-backwards. Are they obliged to get tested? You can self-certify for seven days’ sickness and don’t need to see a doctor.

That's kind of the crux of the post, really - employee says "I'm showing these symptoms and am therefore taking ten days off - I am also declining to take a test" (which, Hancock has just assured me on R4, is easily available nationwide) - is there any obligation to take a test if you have symptoms and are isolating? Not least because their work bubble should also self-isolate if the employee tests positive?

This all sounds a bit “free holiday” green-eyed monster to me.

Definite elements of this. 🙂

Would your friend rather they were in work potentially hospitalising half the building?

Not if they have it, no. But without a test, it looks like, walks like and quacks like a ten day freebie.


 
Posted : 18/09/2020 8:37 am
 Nick
Posts: 607
Full Member
 

I managed to get a test pretty easily yesterday, I guess it varies from region to region but neither location I was offered were in the county I live, had to drive 30 miles in the end, no big deal.

Don't we have an obligation to get tested if we might have Covid? This is how track and trace is supposed to work and without it no one you might have come in contact with would be notified. Do they live on their own an never go out? Sounds like a bit of an a-hole really.


 
Posted : 18/09/2020 8:42 am
 Drac
Posts: 50458
 

Presumably anyone wanting to pull a fast one could just say they’ve had a test and it was positive

Which is why employers ask for proof.


 
Posted : 18/09/2020 8:46 am
 Sui
Posts: 3111
Free Member
 

Which is why employers ask for proof.

the TUC guidance says

if evidence is required by an employer, those with symptoms of coronavirus can
get an isolation note from NHS 111 online, and those who live with someone that
has symptoms can get a note from the NHS website

however it's employer discretion (edited - it's employer, not employee))
https://111.nhs.uk/isolation-note/


 
Posted : 18/09/2020 8:56 am
Posts: 30453
Full Member
 

If they live in Lancashire there’s no choice, we’ve run out.

Hancock says you are lying. I'm far more inclined to believe you than him.


 
Posted : 18/09/2020 9:01 am
Posts: 0
Free Member
 

Being off with symptoms is what it is, not seeking a test when you're displaying symptoms is however certainly in breach of rule 1 and, in my work place, your be sternly reminded of your H&S obligations to not put yourself or others at risk, and that by failing to seek a test you're doing exactly that. You'd be getting a letter inviting you to explain why, seek a test or if you continue not to, to appoint your representative as you'd likely be facing a [potential gross] misconduct disciplinary on return.

People get ill, it's part of life as is accepting that as a normal part of business.

People seriously risking the health of colleagues and the business through inaction on the other hand is not.


 
Posted : 18/09/2020 9:06 am
 Drac
Posts: 50458
 

Sui that’s not positive tests.


 
Posted : 18/09/2020 9:20 am
Posts: 44168
Full Member
 

10 days is an odd length of time is it not?


 
Posted : 18/09/2020 9:25 am
Posts: 7986
Free Member
 

Hello friends – a person I know has a work colleague who’s called in sick as they’re exhibiting Covid symptoms. They have decided to self-isolate themselves for ten days, but are declining to seek a test – is that allowed?

They shouldn't be having a test, so they're doing exactly the right thing.


 
Posted : 18/09/2020 9:26 am
Posts: 39501
Free Member
 

hancock was on the BEEB this morning saying that even after a negative test you should be self isolating for 10 days anyway due to the incubation period.

Mentalist. Hes literally making it up on the spot.


 
Posted : 18/09/2020 9:27 am
Posts: 23296
Free Member
 

10 days is an odd length of time is it not?

goverment guidance:

How long to self-isolate
If you have symptoms or have tested positive for coronavirus, you'll usually need to self-isolate for at least 10 days.

You'll usually need to self-isolate for 14 days if:

someone you live with has symptoms or tested positive
someone in your support bubble has symptoms or tested positive
you've been told to self-isolate by NHS Test and Trace


 
Posted : 18/09/2020 9:32 am
Posts: 0
Free Member
 

called in sick as they’re exhibiting Covid symptoms.

They shouldn’t be having a test,

Is the wrong answer.

hancock was on the BEEB this morning saying that even after a negative test you should be self isolating for 10 days anyway due to the incubation period.

Not true, he said if you've come into contact with someone so get a test*, [when you're asymptomatic, possibly exposed less than 24 hrs ago etc] that getting tested was pointless, you still need to self isolate because any negative result is meaningless.

*e. G. Little Johnny has symptoms, now his entire class tries to book a test, symptomatic or no. It pointless, they'll almost undoubtedly come back negative yet in 5 days time might well all have symptoms be positive and shrug it off because they got tested and it was negative.


 
Posted : 18/09/2020 9:36 am
Posts: 11937
Free Member
 

Don’t we have an obligation to get tested if we might have Covid?

We certainly have a moral duty, if not a legal one.


 
Posted : 18/09/2020 9:37 am
 Sui
Posts: 3111
Free Member
 

Drac
Full Member
Sui that’s not positive tests

agree, and that's the point for the OP, the employee is saying they have symptons. If you have a poistive test, then there is further guidance/rules to follow.

The point of the my post is to highlight, that should the employer wish, he can force the "symptom shower" to provide a sympton note, this is often enought to make people think carefully if what they are doing is right.


 
Posted : 18/09/2020 9:38 am
 Drac
Posts: 50458
 

The point of my post was replying to the person I quoted that if you test positive an employer will likely ask for the results.


 
Posted : 18/09/2020 10:11 am
Posts: 10474
Free Member
 

SSP is £95/week; minimum wage for >25 yr old is £8.72/hr; 37.5 hrs/wk = £372.
No-one in their right mind would choose SSP over WFH – unless they were truly incapable of work.

This seems the key part in this case. Is he taking sick time or expecting to be paid as if working? I’ve been self employed most of my life so I have no idea what the rules are in this situation.


 
Posted : 18/09/2020 10:17 am
Posts: 473
Full Member
 

Just tried to book a test and just get a message saying to try later as the service is very busy!


 
Posted : 18/09/2020 10:29 am
 Nick
Posts: 607
Full Member
 

@uggski I had that experience yesterday, I tried again after an hour, fully expecting it to continue to disappoint me and I found a test and was tested 90 minutes later.


 
Posted : 18/09/2020 11:19 am
 lerk
Posts: 185
Free Member
 

I called in on Wednesday morning as I've got a standard 'kids-have-gone-back-to-school' cold and as I can work from home fairly effectively in the short term, thought it best to do so.
Boss then says, get a test and no-one is to return to work without a negative test...

I really don't want to be part of the problem and hog a test with no symptoms and pointed this out to him and also pointed him to the news reports describing the situation (he's currently in the middle east on 'essential' travel).
I have however been trying to get a test:
First day of trying - nothing offered and at least 15mins per refresh.
Second day - one offer of a drive through test available 5 hour round trip
Today - Blow me! 2 slots at a test centre <10miles away, click to book and no times are available today or tomorrow, whether drivethrough or walk in. Same result with a second test centre offered at the same time <20miles away.

It seems like the system has been written by gibbons as instructed by their chimp paymasters.

edited to add - South Yorkshire


 
Posted : 18/09/2020 12:05 pm
Posts: 7986
Free Member
 

Boss then says, get a test and no-one is to return to work without a negative test…

No offence, but the only chimp paymaster here is your boss. If he (or she) wants their employees to have a negative test before the return to work, then they should pay for private tests which are readily available.

Not only are you taking up a slot at a testing centre from someone who might genuinely need it, you're wasting public money, the time of test-and-trace if you get a positive result, and the time of everyone who might have to self-isolate if that result is a false positive.


 
Posted : 18/09/2020 12:27 pm
Posts: 0
Free Member
 

neither location I was offered were in the county I live, had to drive 30 miles in the end, no big deal.

Despite what others may have done driving a 30 mile trip if you think your driving is impaired and you think you can't see properly is still illegal.


 
Posted : 18/09/2020 12:36 pm
Posts: 30453
Full Member
 

Blame the public in full effect - they may not be able to run a country, but they sure know how to control the narrative.


 
Posted : 18/09/2020 12:37 pm
Posts: 4033
Full Member
 

They can only self certify for 7 days so if no test result or doctors note after that by the letter of most contracts they wouldn't be getting sick pay. What has the organisation done in relation to self cert duration?


 
Posted : 18/09/2020 3:43 pm
 Nick
Posts: 607
Full Member
 

@flaperon

What are you talking about? Its about the only thing that is actually clear from government guidance, if you have symptoms, get tested.

You might think that for average Joe public that is a waste of time. But you're wrong.

People you share a house with also have to self-isolate until you know if you test positive or not, and you can't work and you shouldn't leave the house, the sooner you know either way, the sooner you can go back to work and your family can go back to normal.

Perfectly reasonable for an employer to ask for a negative test before you return, partly out of duty of care to you, but also what if you infect the rest of the work-force?


 
Posted : 18/09/2020 4:53 pm
 Nick
Posts: 607
Full Member
 

@stevextc

Where did I say my driving was impaired? I was fine, mild headache, sense of taste off, fever from previous night completely gone.

I very much doubt I have the plague, still waiting for result over 24 hours later, but the whole point of the testing is to check, positive or negative, so you know what to do.


 
Posted : 18/09/2020 4:55 pm
Posts: 0
Free Member
 

Where did I say my driving was impaired?

That's fine then, but unless you have good connections don't bung the family in the car and drive to Barnard Castle and use your impairment as an excuse.


 
Posted : 18/09/2020 5:09 pm
Posts: 0
Free Member
 

Its about the only thing that is actually clear from government guidance, if you have symptoms, get tested.

Clear? Sounds like you need to get a test at home.

If you have coronavirus symptoms:
a high temperature
a new, continuous cough
a loss of, or change to, your sense of smell or taste
Get a test and stay at home


 
Posted : 18/09/2020 5:14 pm
Posts: 7986
Free Member
 

@Nick

My post wasn't replying to you - I completely agree, if you have Covid 19 symptoms you should get a test.

My ire was directed at the boss of someone who was insisting on a test for symptomless employees before they return to work (I think they'd been in contact with someone who had Covid 19).


 
Posted : 18/09/2020 5:18 pm
 Nick
Posts: 607
Full Member
 

Cheers @flaperon, yeah obviously symptomless is a waste of a test

@stevextc - just following the instructions here

https://www.nhs.uk/conditions/coronavirus-covid-19/testing-and-tracing/get-a-test-to-check-if-you-have-coronavirus/


 
Posted : 18/09/2020 5:28 pm
Posts: 0
Free Member
 

Nick....
Yep so it's not clear since I was following

https://www.gov.uk/coronavirus

(which incidentally was #1 google "covid advice uk")

I'm not saying you did the wrong thing... I'm just pointing out sod all is actually clear.


 
Posted : 18/09/2020 5:36 pm
Posts: 7751
Free Member
 

I have however been trying to get a test:
First day of trying – nothing offered and at least 15mins per refresh.
Second day – one offer of a drive through test available 5 hour round trip
Today – Blow me! 2 slots at a test centre <10miles away, click to book and no times are available today or tomorrow, whether drivethrough or walk in. Same result with a second test centre offered at the same time <20miles away.

I've been trying for days; live in Lincoln.
This morning - deep joy, test availability today at local site; race through process, choose 4 - 4.30pm slot, hit 'save and continue'. Taken back to start of process.
Go again, earliest slot now 5 - 5.30pm so choose that, save and continue. Back to start of process - again.
Another try - now, no test sites found.
No email confirmation received.
No booking = no test.
Farce?
It's so much more serious than that.
It's a clear dereliction of the government's public health duty and responsibility.


 
Posted : 18/09/2020 5:46 pm
Posts: 28
Full Member
 

NHS says get a test and stay at home until you get a result https://www.nhs.uk/conditions/coronavirus-covid-19/symptoms/#symptoms

Employment advice on directing to take a test seems to rest under 'reasonble management' instructions, but this could be subject to debate on both sides, for example- https://www.stevens-bolton.com/site/insights/articles/can-employers-demand-staff-take-a-covid19-test

Accessiblity of testing regiemes would make for an interesting argument. Employer pays for a private test?

d


 
Posted : 18/09/2020 6:15 pm
Posts: 473
Full Member
 

@Nick Been trying every 45 minutes all day. Still no luck. So I can only conclude that Hancock is either ill informed or just lying


 
Posted : 18/09/2020 6:38 pm
Posts: 9156
Full Member
Topic starter
 

Employment advice on directing to take a test seems to rest under ‘reasonble management’ instructions, but this could be subject to debate on both sides, for example- https://www.stevens-bolton.com/site/insights/articles/can-employers-demand-staff-take-a-covid19-test
/blockquote>

Ooo, now THAT'S interesting, thank you. From that site -

"Where an employee is exhibiting symptoms of coronavirus, it may be reasonable to require that employee be tested for COVID-19, where the purpose is to protect the health and safety of the workforce. Also, a negative result would mean that employees with symptoms could return to work rather than having to self-isolate for 10 days. In this circumstance, if the employee refuses to be tested, the employer may be justified in taking disciplinary action.

The situation is more complicated when employees are not exhibiting symptoms. A reasonable employee is likely to agree to be tested if there is a clear and rational need for it. However, where employees do not consent to being tested, the question is whether a requirement to be tested is a reasonable management instruction. This will depend on the circumstances of the particular employer and the extent to which the risk of COVID-19 can be managed through other measures."


 
Posted : 19/09/2020 8:40 am