Commonly asked question
Published Feb 23, 2021
Over recent weeks clients have been managing situations where employees have been found in breach of lockdown and Covid-19 rules outside of the workplace. Where this happens the transgressing employee puts the health of themselves, colleagues and clients at risk. Furthermore, the transgressing employee may post their activity on social media and your clients can see they work for you.
In employment law, each situation needs to be assessed on the facts of the case but, in short, employees can be disciplined for conduct outside of the workplace. For Covid-19 compliance breaches, as with any disciplinary matter, employers need to fully investigate by interviewing the employee and gathering evidence. Employers need to understand if there were mitigating circumstances that may have driven the employee’s actions, such as a family emergency situation. Only then should the employee be invited to a disciplinary hearing.
This misconduct could be:
- Breach of health and safety that puts employees, colleagues and clients at risk from Covid-19
- Actual or potential damage to the reputation of the company
Each organisation has its own unique set of clients, employees and industry sector that will determine whether disciplinary action is reasonable or not.
As the UK is unlikely to be completely free of social restrictions for many months it is important for employers to take action to explain the responsibilities of employees outside of the workplace.
A communication to employees who attend the workplace that sets out the basic expectations both in and outside of work with potential consequences of not following the rules is advisable.
Source: Gavin Parrott