What happens when employees break covid rules and attends the workplace?
Recently the media has highlighted that we are now in the midst of a covid pandemic and that that all people have a responsibility to adhere to the Public Health of England rules, including self-isolation if the employee is at high risk of having covid 19 symptoms.
However, there will be times when some employees may break the rules deliberately, for example, refusing to social distance and not to self isolate when tested positive. Such employees will attempt to enter into the workplace undetected. If management becomes suspicious that an employee may have symptoms, the employer can tell the employee to leave work immediately and to attend a track and trace centre.
Health and Safety
If it is found that the employee had deliberately ignored Covid health and safety rules the employer has every right to discipline the individual. The outcome could amount to gross misconduct if the individual had purposely put their fellow colleagues’ health at risk.
As part of the investigation of how the employee may have contracted covid 19 symptoms, the employer may question what the employee did in their own private time to have gotten it.
Despite government guidelines to wear a mask and to social distance, if the employee did not follow these rules and was in close contact with a Covid19 person, the employer does not have the right to discipline their actions as it was done in their own private time.
However, the employer can discipline the employee for attending work knowing that there was a risk of Covid contamination and failing to follow the self isolation rules.
Fine
The government has given some thought to this and has recently introduced Covid19 fines. It is a now a criminal offence to attend the workplace if you have symptoms of covid 19. The employee could face a criminal fine with penalties starting from £1000 through to £10000 for repeat offenders.
The fines also apply to management if they encourage covid positive staff to return back to workplace quicker, hence ignoring 2 weeks isolation guidelines.
As the media continues to speculate Covid19 risks, employers should regularly communicate with their staff recent government updates to ensure that everyone is kept safe and are adhering to the rules.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
