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Individuals are no longer legally required to self-isolate if they test positive for Covid-19 – can you require them to stay away from work?

It’s undoubtedly a tricky decision. On the one hand, you have an obligation to provide a safe working environment for all employees (particularly those who are clinically vulnerable). On the other there’s no legal requirement for those testing positive to remain at home – and if they’re feeling well enough to work should you even encourage that? How are you dealing with it – take our quick survey!

Usual precautions – obviously, your usual health and safety obligations apply, especially considering those in your business who may be more vulnerable if they catch Covid-19. If someone is asymptomatic they may not know they’re positive, so having continued communication, support and safety measures in place should reassure everyone that you’re managing risks.

Update risks assessments – don’t forget to update your health and safety risk assessment as the Covid-19 risks change. An up to date assessment with well-communicated actions should reassure employees that you’re taking continued wellbeing seriously.

Enforcing isolation – if you’re going to insist that those testing positive remain at home, be sure to check their employment contracts to identify whether the leave should be paid. Continuing to provide full pay during any enforced leave will minimise potential claims for unlawful deduction from wages. There’s also a chance, with or without paid leave, they could claim you’re in breach of contract if they’re ready, willing and able to work but you’re not allowing them to do so.

Evidently, managing Covid-19 risks continues to be a challenge for employers – get in touch if you need our advice. How are you dealing with employees testing positive? Take our quick survey!

The Employment Tribunal has held that a fear of catching Covid-19 is not a protected belief for the purposes of the Equality Act 2010.

Background

An employee refused to return to work due to a fear of catching Covid-19 and passing it onto her partner. The employer refused to pay the employee if they did not return to work. The employee argued they’d been discriminated against on the grounds of their fear being a philosophical belief under the Equality Act 2010 (EQA). The tribunal disagreed – the employee’s view didn’t amount to a genuine philosophical belief under the EQA because it was an opinion and reaction to potential physical harm at that very specific period of time.

Practical takeaways

Whilst a useful decision for employers in managing any reluctance to return due to Covid-concerns, your health and safety obligations still remain a priority:

Communicate – ensure employees have access to your policies and procedures (including where to raise concerns), and communicate the steps you’re taking with regular reminders. Where employees do have concerns, listen proactively, keep a record, make adjustments where necessary, and reassure them that you’re taking all necessary steps.

Risk assessments – make sure yours is up to date to demonstrate you’re continually thinking about the risks employees face. There’s no expectation for you to eliminate risk entirely, but you do need to do everything reasonably practicable to minimise risks.

Get in touch if you need any advice or support managing potential Covid-concerns.