Employees who refuse to follow Government guidance on Covid
The Governments of the United Kingdom since the start of the Covid Crisis have issued complex and often demanding restriction on the population of the UK. Those rules are set to change as again as we move cautiously forward to exiting lock down. The Government have stated there will be regular reviews every five weeks and the situation could go forward or backwards. What was made also made clear that progress will depend on the actions of the public with continual compliance with the rules. Unfortunately for many employers, the situation may arise where an employee may simply refuse to follow the guidance in or outside of the workplace. If this arises the employer is faced with difficult decisions on how to handle the situation.
Health and Safety
In the workplace the employer can enforce health and safety to ensure all staff and customers are kept safe by using all means reasonably practical to meet this objective. Employees can be expected to comply with the need to social distance, sanitise hands and wear PPE unless they have a health issue, and they are exempt. Failure to follow these instructions can result in disciplinary action. Employees must also self-isolate when required by law and failure to adhere to the law and attend work when they should be isolating can result in disciplinary action as this will endanger fellow employees.
When it comes to the employees conduct outside of the employment environment the matter becomes far more complex. The overall position is that employers have no authority to discipline an employee for conduct during personal time. However, it can become the employer’s business if the conduct affects an employee in the performance of his duties. This principal was recognised in the case of Singh v London Country Bus Services Ltd 1976. Failure to social distance outside of the workplace could be grounds to discipline but employers should be cautious as the facts of each case must be scrutinised and assessed carefully. Such conduct can endanger fellow staff members so health and safety of colleagues will be an important issue. An example might be someone who attends an illegal gathering in workplace uniform. However, employers should be aware that proving the employee breached the law may prove a rather difficult decision to make. Each situation should be assessed based on its own set of facts. Employer should investigate carefully and then undergo disciplinary action only if warranted.
Policy
To ensure employees are aware and understand how their conduct affects the work place the employer should draw up policies to provide the employee guidance. Employees should be encouraged to read the government and NHS websites for Covid updates. Training will also assist employees to understand their duties. Consistency in implementing the policies is key to demonstrate fairness to all staff.
Quest can assist in helping you draw up these policies and we recommend you speak to the advice team if you are facing any complex employment issue on 01455 852028.
