Your employer can stop you going on holiday due to quarantine: Legal expert

28 July 2020, 08:03

Employment lawyer reveals your rights over holiday quarantine

An employment lawyer has told LBC that companies are entitled to stop people going on holiday after the government introduced quarantine for travellers returning from Spain.

The UK's decision to bring back a 2-week quarantine for all arrivals from Spain - has been described as "unjustified" by the Spanish prime minister.

Pedro Sanchez insists an upsurge in coronavirus cases is only focused in two regions - Catalonia and neighbouring Aragon.

The Foreign Office has advised against all non-essential travel to Spain and it now includes the Balaearic and Canary islands.

Employment lawyer Gillian Howard told Nick Ferrari what people's rights are - the the rules are very much in favour of the employer.

She said: "Unfortunately, the law is stacked against employees and in favour of the employer.

"There is an absolute legal obligation on the employee, once they have returned from holiday to be ready, willing and available for work.

Three people return to Birmingham Airport
Three people return to Birmingham Airport. Picture: PA

"And because they will not be ready, willing and available for work during quarantine, which then extends the leave of absence for another 14 days, the employer has a right to refuse to allow the employee to take that holiday under Working Time regulations.

"If they find out an employee is going to a country where quarantine is in place, the employer can actually refuse to allow them to go on holiday. And the employer has the right under regulation 15, even if they have already authorised the holiday."

She went into a lot more detail - watch her fascinating interview in full at the top of the page.

More Nick Ferrari

See more More Nick Ferrari

'We've got to give these people justice': Ministers vow to address any criminal wrongdoing in infected blood report

'We've got to give these people justice': Ministers vow to address any criminal wrongdoing in infected blood report

'Minuscule state' of RAF is 'utterly pathetic' meaning just one plane available for D-Day 80th anniversary parachute jumps

'Minuscule state' of RAF is 'utterly pathetic' with just one plane available for D-Day 80th anniversary parachute jumps

Chancellor brands Labour plan to tackle small boat crossings 'absolute joke' which will 'encourage more people to come'

Chancellor brands Labour plan to tackle small boat crossings 'absolute joke' which will 'encourage more people to come'

Former immigration minister Robert Jenrick said Conservative voters were "on strike" and needed Rishi Sunak's government to be honest about the mistakes that have been made.

Tory voters are 'on strike' and Sunak needs to be 'honest' to keep them on side, Robert Jenrick says

The UK government is 'deeply concerned' about the assault on the Rafha crossing in Gaza and wants to see a 'credible military plan' from Israel.

UK government 'deeply concerned and need to see credible military plans' after Israeli offensive on Rafah crossing

Met chief Sir Mark Rowley has said that anyone using a 'swastika in the context of the Middle East crisis' will be arrested.

Met police chief pledges to arrest protesters using swastikas at Gaza protests

Sir Mark Rowley said filming interactions with police at protests had become "intrusive".

Filming police at protests is 'physically intrusive' and 'escalates situations', says Met Commissioner

Exclusive
Kemi Badenoch has launched a 'call for input'.

Gender-neutral toilets could lead to ‘schoolgirls getting UTIs because they don't want to share’, minister says

Exclusive
Met police commissioner Sir Mark Rowley spoke on LBC on Wednesday

Female officer’s hand reattached as Met chief reveals horror injuries suffered by police in Hainault sword attack

LBC observed how Scotland Yard manages to police divisive demonstrations in London

'It makes our job incredibly difficult': Police surrounded by cameras on protests as they make ‘on the hoof’ law changes

Nick Ferrari spent the day in the Met Police Operations Control Room

Nick Ferrari goes behind the scenes at the Met Police's massive efforts to keep the peace at heated protests

Exclusive
John Cleese has said he's 'all in favour of content warnings'.

‘I’m all in favour of trigger warnings’, John Cleese tells LBC as he says ‘society has changed’

Two of the Household Cavalry horses are 'in serious condition' and there are concerns they may never fully recover

'Seriously injured' horses undergo emergency operations after London rampage - as one recovers in equine hospital

Two Household Cavalry horses 'in serious condition' amid fears animals may not survive after London rampage

Two Household Cavalry horses 'in serious condition' amid fears animals may not survive after London rampage

This is the moment Nick Ferrari puts a government minister on the spot over the government's new plans to ban smoking.

'When will the Conservatives be banning alcohol?' Nick Ferrari puts minister on the spot after smoking ban vote passes

'I'm ashamed to say Nick, I started smoking when I was 12' Tory MP reveals

Minister who reveals she started smoking at 12 says she's not interested in freedom argument against ban