Can my boss stop me from going on a foreign holiday this year?

THE government’s traffic light system continues to make foreign holidays extremely unpredictable.

The three-week review of the travel list has meant employees’ plans can change last minute or they are unexpectedly forced to quarantine.

1

The government announced that adults who have had two vaccinations 14 days prior to returning to the UK can travel to amber list countries and not quarantine on arrival back in the UK.     

But last week, France was moved onto the “amber plus” list, meaning those returning to the UK have to quarantine regardless of whether they are double-jabbed or not.

Now six million Brits face holiday chaos amid speculation that Greece and Spain will follow.

Here we look at what all this uncertainty means for workplaces and whether bosses can stop employees going abroad.

Current travel advice                          

The traffic light system for foreign travel resumed on 17 May and is being reviewed every three weeks.

The government has categorised countries according to their Covid-19 risk level, placing them on either the “red”, “amber”, or “green” list.

But a country could have its green or amber status changed at any time, not just during the three week updates.

Employees will have to quarantine either abroad or in the UK if they test positive before their return or if the country they’re in moves to the new “amber plus” or red status.

This means that a typical seven or 14-day holiday plan could result in nearly four weeks of absence from work.

It’s also important to remember that each country has its own entry requirements when you get there.

Can companies stop staff taking annual leave?

Last minute changes to the travel list can mean employees are unexpectedly forced to quarantine.

Meanwhile, the pingdemic continues to add to the havoc as double-vaxxed workers still have to isolate if they are notified by the NHS Covid app.

Staffing shortages may be prompting employers across the country to cancel their workers’ planned annual leave, especially when it comes with the risk of having to quarantine when returning from abroad.

However, stopping you from taking annual leave can be a breach of the Working Time Regulation.

Alan Price, chief executive at HR software firm BrightHR, told The Sun that your employer is allowed to cancel annual leave that has already been approved.

This is as long as they give the minimum required notice, which is the same amount of time as the length of leave that is to be taken.

But employers should “proceed with caution” if they go down this route, advised Mr Price, as it’ll often mean staff are left out of pocket.

But Deborah Scales, head of employment law at Cartwright King Solicitors, interprets the law differently and says employers can only prevent staff from taking leave they haven’t already approved.

She added that she’s never heard of employers cancelling leave that they’ve already approved in 12 years of practice.

Can bosses stop you travelling abroad for Covid reasons?

The coronavirus outbreak hasn’t changed the law regarding the personal travel plans of employees, even if they intend to go to high-risk areas.

While ministers have repeatedly advised against foreign holidays, they also changed the rules from 17 May so that people can legally travel abroad for leisure.

If the travel plans are for personal reasons, employers can’t stop you from travelling nor sanction you for doing so, Mr Price said.

But if your employer advises you not to travel but you do it anyway and you then get symptoms, your boss could avoid paying sick leave as you willingly took the risk, added Ms Scales.

Equally, if you are forced to quarantine on returning from holiday, employers can decide whether this will be treated as sick leave or not.

A spokesperson for Citizens Advice said it “might be unlawful” to sack you if you go against the advice, but you can’t stop it from happening if your employer decides to take this route.

Instead, you’d have to claim unfair dismissal and missing pay in an employment tribunal.

Also keep in mind that agency workers, people with less than two years in the job, and self-employed people aren’t eligible to claim unfair dismissal.

How can companies and employees address the situation?

Companies can and should introduce policies to ensure there’s enough work cover if staff have to quarantine, according to Katie Baker-Clifton, a senior solicitor at Enoch Evans LLP.

Baker-Clifton says business owners should clarify with their staff what leave and pay arrangements will need to be taken for any unexpected quarantine.

She said: “Companies would be prudent to spell out to employees exactly what will happen in these circumstances.

“Telling employees what stance the company will take in advance of them making any new travel booking makes a new policy fair for everyone.”

She also said employees may also need to plan financially if not all leave is paid.                 

Making a policy is important to avoid disputes, interruptions to work and potential deterioration in working relationships, Barker-Clifton added.                   

“It is to be expected that employees will start to consider travelling abroad over the summer and planning for this now will avoid unexpected absenteeism, missed work deadlines and possible disputes over pay, she said.

Barker-Clifton warned companies against an ad hoc approach to the issue, saying they risk exposing themselves to legal claims and tribunals.

In June, thousands of Brits had to fork out more money and scramble home when Portugal was moved onto the amber list after only a few weeks on the green.

We also explain what the “amber plus” list is and which countries are currently on it.

Meanwhile, those who have got a holiday booked need to check their insurance urgently as the pingdemic causes holiday chaos

This post first appeared on thesun.co.uk