If an employee wilfully refuses to adhere to social distancing within the workplace, has attended the workplace when they have received an instruction to self-isolate, or has attended the workplace when they have tested positive for COVID-19, an employer will be within its rights to consider the issue as a serious disciplinary matter; in most circumstances this will amount to gross misconduct considering the risk the individual may pose to their colleagues.
We recommend employers give some thought now to how they would handle social distancing or self-isolation breaches and put staff on notice of the action that may be taken should they fail to comply.
If you do require any further advice on this issue or any other employment law concern, please contact our Rebecca Ellerbeck at Rowberrys on 01344 466353.