Social distancing

The guidance for vulnerable people to minimise their contacts and to not go into work is described as social distancing. This is distinct from self isolation for people who may have coronavirus or are in a household where coronavirus is present. The SSP changes only refer to self isolation and I infer do not apply to those forced to stay home because they need to socially distance. In cases where people staying at home cannot work it therefore appears that they are not entitled to any payments from their employer.

So, basically telling people that are in the vulnerable category, that they have to stay at work until they feel ill, or they will be refused SSP? That is a very dangerous scenario.

Ianb

Would you read this extract afrom the proposed Bill as being that it could be left down to the employers discretion

Coronavirus Bill
Page 27
39
Statutory sick pay: modification of regulation making powers
(1)
The Social Security Contributions and Benefits Act 1992 has effect as if in
section 151 (employer’s liability for statutory sick pay), after subsection (4)
there were inserted—
“(4A)
5
Regulations under subsection (4) may make provision about whether
an employee is deemed to be incapable (as referred to in that
subsection) in relation to severe acute respiratory syndrome
coronavirus 2 by reference to guidance or any other document
published by Public Health England, NHS National Services Scotland,
10
the Public Health Wales National Health Service Trust or any other
person specified in the regulations as that guidance or other document
is amended from time to time.”
(2)
The Social Security Contributions and Benefits Act 1992 has effect as if in
section 175 (regulations), after subsection (5) there were inserted—
“(5A)
15
But regulations under—
(a)
section 151(4) in relation to severe acute respiratory syndrome
coronavirus 2, or
(b)
section 159B,
may provide for a person to exercise a discretion in dealing with any
20
matter under those regulations.”

JACNCC - 20 March 2020 10:30 AM

Ianb

Would you read this extract from the proposed Bill as being that it could be left down to the employers discretion

I can see that that could be read as giving the employer discretion.

Guidance here https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/guidance-for-employers-and-businesses-on-coronavirus-covid-19 does indeed say that
“Employers should use their discretion and respect the medical need to self-isolate in making decisions about sick pay.”

However when I posted I was mindful of guidance here https://www.gov.uk/government/publications/guidance-to-employers-and-businesses-about-covid-19/covid-19-support-for-businesses which states that small employers will only be reimbursed for SSP for a period of two weeks which is obviously going to make it difficult for them to exercise their discretion.

So many questions and a lot of confused information!

I do think however that entitlement to SSP arises from a need to self-isolate rather than a need to socially distance and the terms are not interchangeable.

Well that is worrying, as I have several client’s that have self isolated due to having chronic respiratory conditions, but the type of work that they do, means that it is not feasible for them to do any work from home.

I will have to wait to see what their employers stance is on this.

I think we need to remind ourselves of the terminology here. Your clients with chronic respiratory conditions are social distancing as that’s the suggestion for those with underlying conditions. That’s a 12 week thing and does not require total isolation albeit that something like it may understandably be felt to be desirable Social isolation is a 14 day thing when you or someone in proximity have Covid-19 symptoms.

However, many people are going to wrongly describe themselves so we need to be very clear on what it is they’re actually doing.

I’m currently social distancing and working from home because of a member of the household with an underlying health condition where that has been recommended. In practice, to minimise risk we are virtually in social isolation but not wholly so. It would be wrong to describe it as social isolation as no-one, touch wood, has symptoms.