Can an employer send a sick employee home?

[pantsjustpants]

We have an employee who is now past retirement age, but doesn't want to give up work yet. However for the second time in as many months he has insisted on coming into work with a really nasty cold/virus. This has now been picked up by all the guys in the factory, including one with a low immune system.

This is a generally lovely guy, he hardly ever takes holiday (we force him) but he doesn't have the best home life. He is one to just carry onto until he drops though, literally. Last year he collapsed in the factory and we had to call an ambulance.

Can we, as an employer, send him home if he is ill?

[Akire]

yes maybe memo to all employers not best practise to come in with contagious illness to spread around or for the other low imunue guy. As long as you pay him sick not a problem. Would be a problem if you didn't pay sick and he's claiming but I'm fine to work etc. Employers direct to fill employees time - direct him home next time!Probable to late now though.
I have carers I always send them home if they are sick - they do more long term damage to me by popping in for hour with lurgy than I'd get from a quick visit.

[pantsjustpants]

Yes, too late this time however a memo is a great idea!

The last time resulted in practically every single employee in the factory taking at least one day off, it caused huge issues as we're a small company.

Thank you!

[HermioneWeasley]

Yes absolutely. You have a duty of care if they're not fit to be there and can suspend on medical grounds.

[KitKat1985]

Yes you can I would say. Especially if there are other health and safety issues (e.g, they work with food, or with vulnerable people). If not I think it's fine to say you don't want the whole team getting ill, so would rather he didn't come in sick.

Do you pay sick pay? Is that maybe why he's reluctant to take a day off?

[Iamliftzilla]

You need to unconnect your actions from his age, that's irrelevant. You need to treat all staff the same.

[pantsjustpants]

Thanks, everyone for your advice. I have a meeting with my MD tomorrow about having, at the very least, some discretionary sick pay for situations like this. We do have one guy with a suppressed immune system, and he gets very upset about all this.

The sick person in question is a very long term employee and never, ever uses his holiday allowance and comes to work early and stays late. Unfortunately he has a very difficult home situation, and just prefers not to be there unless he absolutely has to. It's a very sad situation, and we're all actually quite worried about him.