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

28 July 2020, 08:03

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.