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.

More Nick Ferrari

See more More Nick Ferrari

The UK wants to step up cooperation with France, a minister has said.

'Not just a British problem': UK ready to send ground support to France, minister says

Dominic Raab has dismissed claims Boris Johnson has been the subject of a number of no confidence letters

Raab dismisses PM no confidence letters as 'tittle tattle' as party rating plummets

Dominic Raab defended Harper's Law

Raab: Harper’s Law isn’t blurring lines between murder and manslaughter

The uncle of Dawn Ashworth says Pitchfork should have been handed a whole life sentence

Uncle of Pitchfork victim says Parole Board put kids 'at risk' by releasing killer

Exclusive
The Education Secretary refused to be drawn on the subject of Priti Patel

Education Secretary refuses to grade Priti Patel's performance over migrants

Exclusive
Nadhim Zahawi told LBC the new law was the forward in dealing with the migrant crisis.

Migrant crisis: New law must 'close the loophole, break the business model', Zahawi says

Exclusive
The Education Secretary was speaking on LBC's Call the Cabinet

Nadhim Zahawi: Anti-vax protesters should be 'nowhere near' schools

Exclusive
Nadhim Zahawi spoke to Nick Ferrari on LBC this morning

Zahawi hails UK jab rollout, saying Covid pandemic can shrink

Call The Cabinet | Watch live on Monday from 9am

Call The Cabinet with Nadhim Zahawi | Watch Again

Lord Andrew Lloyd Webber's Cinderella will raise money for women all over the world.

Lloyd Webber's Cinderella gala to raise money to empower female refugees around the world

Caller with home on proposed HS2 route 'absolutely delighted' it's axed

Caller with home on proposed HS2 route 'absolutely delighted' it's axed

Exclusive
PC John Murray spoke to Nick Ferrari

'I will get them': Former cop vows to find out who fired gun that killed WPC Yvonne Fletcher

Lord Andrew Lloyd Webber joins Nick Ferrari

Andrew Lloyd Webber joins Nick Ferrari | Watch again

Nick Ferrari interviews Azeem Rafiq

Watch in full: Nick Ferrari interviews Azeem Rafiq

The Deputy Prime Minister was speaking to LBC's Nick Ferrari

'Were you in the front passenger seat when the PM crashed the car into a ditch?'

The Security Minister was speaking to LBC's Nick Ferrari

Security Minister warns Covid lockdown could lead to increase in radicalised individuals