Under the COVID regulations, the government has imposed a restriction on large gatherings (found online at https://www.nidirect.gov.uk/articles/coronavirus-covid-19-regulations) as directed by the department of health.
Why so important?
As expected, employers are right to be concerned should an employee plan to attend or is attending a large social gathering should this pose a risk of a potential COVID-19 outbreak both on their operations and reputation.
However, these regulations are legally enforced by government and as such limited an employer’s ability to act… a note that employees may be aware of.
From this, it is vitally important that a company has a very strong policy in place, in line with government guidance and regulations to ensure staff are fully aware of their stance, especially from a Health and Safety perspective.
WE all know an employer is not able to manage employee actions outside working hours thus they can act and choose freely in relation to their social life. However, when these decisions have a direct impact on their or their colleagues’ ability to work safely, there are questions that need asked that could result in disciplinary action for a breach on policy.
If an employer does have concerns and evidence to support their concerns (along with a policy in place) then they can require an employee to be placed on medical suspension given the health and safety concerns associated. It is important to note that this would be at their contractual rate of pay, and you could implement this for the 10-day period that current advice indicates a contact should self-isolate for.
Employers can also request an employee to take a Covid-19 test. However, there is no obligation for an employee to agree, so be mindful that you cannot enforce this without risking a case of potential constructive dismissal or discrimination.
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