The sun is shining, school is out and the pubs are open, all great news for the popularity of the UK ‘staycation’, but many people are still thinking of booking/re-booking a long overdue foreign holiday.
As an employer already dealing with the impact of increasing rates of infection and self-isolation, you may be confused about exactly what rules apply to foreign travel, and worried about the impact of constantly changing quarantine rules on your operation.
In this article we provide an overview of the rules, and the options available to you when managing the likely increase in holiday requests in the COVID environment.
Red, Amber, Green – what does it all mean?
Green List
Travel into the UK from countries on the Green List is permitted without any period of self-isolation on arrival. However, travellers must take a COVID test before departure for the UK and another on or before day 2 after they arrive in the country. If contacted by Test and Trace due to contact with someone on their journey, they must follow the normal rules regarding self-isolation and testing (see our separate factsheet on these rules).
Green Watchlist
Countries on the Green List may also appear on the Green Watchlist (which is used in England only) meaning that they are at risk of moving to Amber at any time.
Amber List
For those who are arriving in the UK from countries on the Amber List, the rules will be different depending upon whether they have been fully vaccinated, i.e., had their final dose at least 14 days before arrival into the UK. For those who are fully vaccinated they will need to:
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- Take a COVID test before departure to the UK.
- Book and pay for a day 2 COVID test before departure.
- Declare that they have been fully vaccinated on their passenger locator form.
- Show proof of their vaccination status when they travel.
- Take a COVID test on or before day 2 of their arrival into the UK.
Those who are 18 or over and aren’t fully vaccinated will need to:
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- Take a COVID test before departure to the UK.
- Book and pay for day 2 and day 8 COVID travel tests before departure.
- Complete a passenger locator form.
- Quarantine at home or in the place in which they are staying for 10 days after arrival in the UK.
- Take a COVID test on or before day 2 and on or after day 8.
They may be able to end quarantine after day 5 if they pay for a private COVID test through the ‘Test to Release scheme’ and receive a negative result. However, the test cannot be taken until the person has been back in the UK for at least 5 full days.
Children under the age of 18 will not be required to self-isolate but may be required to take COVID tests, depending upon their age.
Red List
The Government states that people should not travel to Red List countries or territories.
Those arriving in the UK from a country or territory on the Red List must comply with the following, regardless of their vaccination status:
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- Take a COVID test before departure to the UK.
- Book a quarantine hotel package, including 2 COVID tests.
- Complete a passenger locator form.
- On arrival in the UK quarantine for 10 full days in a managed quarantine hotel and take 2 COVID tests on or before day 2 and on or after day 8.
What about people who have travelled through an Amber or Red List country?
Where a person has travelled through an Amber or Red List country in the 10 days prior to their arrival in the UK, they will need to follow the rules for the highest risk territory through which they have travelled.
If a person has made a transit stop in a country on route to the UK they will be subject to the rules for travellers from that country if:
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- Passengers have been allowed to get off in that country and mix with others before getting on again.
- New passengers have been allowed to board in that country and mix with others.
For those travelling through other countries in a private vehicle, the rules of the highest risk country through which they travel will apply, regardless of whether they stop.
Some people are exempt from some or all of the requirements because of the job they do or for medical or compassionate reasons.
How should I deal with holiday requests involving foreign travel?
As a starting point it’s important to note the following:
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- Employers have the right under the Working Time Regulations 1998 to reject a holiday request provided that they give the employee minimum notice of the same number of days as the number of days holiday requested, i.e., if the request is for 5 days of holiday, the employer must provide given notice of the refusal of the request no later than 5 days before the holiday would have commenced.
- However, in respect of holiday which has been carried over from a previous holiday year under the Working Time (Coronavirus) Amendment Regulations 2020, i.e., because it was not practicable for the employee to take the holiday in the previous holiday year due to the impact of Coronavirus, the employer can only reject a request to take that holiday on particular days where it has ‘good reason’ to do so.
- The right to paid holiday is a fundamental one, the aim of which is to protect a worker’s Health and Safety. Where an employer’s decision to reject a request is seen as arbitrary, or without a good business reason, this may constitute a breach of the implied term of trust and confidence which is a feature of any employment contract, thereby giving rise to potential grievances, and possibly claims of constructive dismissal.
- Where the holiday request has been rejected, and the employee goes on holiday despite the rejection, their absence is likely to constitute unauthorised leave, and it may well be reasonable for the employer to take action under its disciplinary procedure. However, the employer must follow a reasonable disciplinary process, and take account of any mitigating factors when considering its response.
- The Government’s position (as of 19 July 2021) is that people should not be travelling to Red List countries or territories.
Most employers will be keen to maintain good relations with their employees by granting requests for holiday wherever possible. However, there are a number of reasons why the employer might not wish to agree to a particular request in the current circumstances. These include:
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- That the employer has already agreed leave requests for the same period, or has staff who are self-isolating within that period, and cannot afford to have more staff absent.
- That the holiday request is at a particularly busy period for the employer.
- That the duration of the holiday, taking into account any period of quarantine which is required, exceeds the maximum amount of holiday which an employee can take at any one time under the employer’s holiday policy.
- That the employee concerned has insufficient annual leave to cover any subsequent period of quarantine which is required.
The best advice is for employers is to discuss such holiday requests with employees and to try to reach a compromise wherever possible. Options which the employer can consider include:
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- Allowing the employee to take any part or all of any period of quarantine as unpaid leave where the employee has insufficient annual leave.
- Allowing employees to work part or all of any quarantine period from home where possible.
- Implementing a policy of refusing requests which involve travel to Amber or Red List countries due to the need to protect the Health and Safety of all staff, particularly where the person travelling may come into contact with Clinically Vulnerable individuals in the workplace. However, the employer would still need to take individual circumstances into account, as employees may have important personal reasons for needing to travel.
What is most crucial is that employers communicate their policy in advance, so that employees can plan accordingly. The policy should set out:
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- Any special protocol the company has put in place for dealing with holiday requests during the pandemic, e.g., asking for details of where the employee intends to travel and setting out the consequences of failing to comply and/or providing inaccurate information.
- That the employee should not make any firm travel bookings until their holiday request has been agreed.
- How the employer will deal with situations where the rules applying to return travel to the UK change during the period of travel, e.g., where the holiday destination moves from Green to Amber or Amber to Red. If the employee is required to quarantine, will they be allowed/required to use extra holiday leave, or to take unpaid leave if they have insufficient leave left? Who should the employee notify in such circumstances?
- Will the employer allow those who can work from home to do so during any quarantine period?
- That an employee’s action in taking holiday when such a request has been rejected will likely lead to disciplinary action, up to and including dismissal (although a fair disciplinary procedure must always be followed in such circumstances).
For further advice on this tricky issue, and the individual circumstances you are dealing with, don’t hesitate to contact any of our consultants on 01942 727200 or at eml@employeemanagement.co.uk.