Employer telling us not to go out to restaurants and bars?

[RootsnAll]

We’ve been told by the head of our department that we aren’t to go out to restaurants or bars as that’s where Covid is being spread the most. Obviously I understand the reasoning behind but surely they can’t tell us what to do/not do in our spare time? AIBU?

We’ve worked throughout the pandemic in the office as our work is essential but we wear masks constantly (unless eating or drinking away from others) and keep socially distanced at all times. Lots of hand washing and hand sanitising. Not in a job that involves visiting or seeing other people outside of the department.

Not sure if I’m being unreasonable feeling fed up being told what to do? I keep to the gov rules etc but going out for a drink with my husband is such a nice break after a hectic week at work.

[OpenlyGayExOlympicFencer]

@ivykaty44

There are problems with nicotine tests anyway, has anyone actually refused a test and taken this further? Would it seriously stand up in court?

I was going to ask that, couldn't see any case law on that issue. Wouldn't surprise me if any situation where an employee was let go for that reason had ended in a private arrangement.

[PegasusReturns]

Well no they can’t tell you what to do provided you are following guidelines, however if they’re the type of company that might fold if employees are off sick (and many are on the brink) you might want to consider how much you want/need your job.

[IncandescentSilver]

PetetWeg your employer will not get away with sacking you for unenforcable, unreasonable clauses in the contract of employment.

The social media sackings you mention are only justifiable where they bring the employer into disrepute and therefore constitute gross misconduct. It has to be pretty exceptionally bad to meet that bar.

The OP is querying whether or not to accept a unilateral change in employment terms and conditions by the emoyer, which infringes her human right to a social life and to prevent her from doing something legal.

I'd say that's likely one or two idiots in a company who haven't bothered to check the legality before attempting to push through this silly plan.

[ivykaty44]

the looking for another job though isn't really a solution, if people move due to not liking the conditions then it doesn't solve the problem of conditions that are not acceptable.

[Graciebobcat]

If your employer makes it a condition of employment, then yes they can tell you what to do in your own time and yes they can sack you for it

No they fucking can't. The default position is that they CAN'T interfere with an employee's life outside work, with a few exceptions such as consuming alcohol or drugs when operating machinery or driving. They can't just make any old shit a condition of employment. And a change to terms and conditions of employment has to be agreed by the employee.

[Graciebobcat]

How would they know what you are doing in your spare time anyway? Just carry on as normal and ignore the stupid fuckers, and look for another job. They deserve to be outed in national press for doing this though.

[ivykaty44]

There are problems with nicotine tests anyway, has anyone actually refused a test and taken this further? Would it seriously stand up in court?

[SerendipityJane]

[quote ivykaty44]@SerendipityJane is that in the UK or US? all the information I can find seems to point at it being a US company and not in UK[/quote]
Reynolds has a UK operation (in Brum). And their UK application process explictly says non smokers only. I can't be 100% they make staff take nicotine tests in the UK, but that comment seemed from a UK employee.

(I was offered a job there when they were Kalamazoo - for other reasons I chose not to take it).

[ivykaty44]

@SerendipityJane is that in the UK or US? all the information I can find seems to point at it being a US company and not in UK

[Funkypolar]

Wouldn’t be surprised if they told you seeing friends and family in your own home was also banned.

Go to work and go home. Repeat. Die.

[Topseyt]

I would ignore this.

Not that I am big on going to pubs and restaurants, as for me they are occasional outings for Christmas, birthdays and when on holiday, but I will make my own choices.

[BuggerOffAndGoodDayToYou]

@SerendipityJane

If your employer makes it a condition of employment, then yes they can tell you what to do in your own time and yes they can sack you for it.

So a clause saying you can't drink alcohol ?

Or wear red ?

Or buy Israeli goods ?

DH used to have a job (in an office, at a desk, commute by train) and there was a rule that they could not have ANY alcohol in their system, so to be safe no alcohol for 24 hours before work. There were random tests and if alcohol was found it was dismissal. He hated it and moved on after less than a year.....

[notimagain]

@PeterWeg

Many people are sacked for actions outside work. Social media is a biggie, lots of people sacked for comments on SM at my previous job.

Same here...SM was a major issue with (mainly) the younger staff, misuse of the same was major major source of attrition amongst that cohort.

Nowt to do with something being illegal or not, all about "bringing the company, or it's image, into disrepute". If what was posted on SM was for example scathing of the company, or rude about a customer then the door didn't hit the miscreant's backside on the way out and nobody that I know of ever prevailed at an employment tribunal.

[SerendipityJane]

@ivykaty44

Xenia your examples are illegal activities, your boss can stipulate in your contract you can’t do something legal

And yet there are companies in the UK that make non-smoking a condition of offering and continuing employment.

from:

www.glassdoor.co.uk/Reviews/Employee-Review-Reynolds-and-Reynolds-RVW1410285.htm

no smoking policy(fired if failed nicotine test)

[ivykaty44]

Xenia your examples are illegal activities, your boss can stipulate in your contract you can’t do something legal

[Xenia]

As Serendity implies it will depend on the rule. Eg they can say no cannabis in your free time and do regular drug tests. In one case the Post Office was allowed to sack football hooligans for activities at weekends.In another case one worker on a plane gave a random passenger next to her oral sex (!!!!) and I think they were both sacked for bring disrepute on the company.

[CloudsCanLookLikeSheep]

@PeterWeg

If your employer makes it a condition of employment, then yes they can tell you what to do in your own time and yes they can sack you for it.

Many people are sacked for actions outside work. Social media is a biggie, lots of people sacked for comments on SM at my previous job.

They can, but they'd likely lose an unfair dismissal claim at tribunal

[MrsKeats]

Absolutely howling at the idea that Wetherspoons is
A) A reasonable place to go
B) That they are a reasonable source of information
C) That they give a shit about their staff or customers

[OpenlyGayExOlympicFencer]

@PeterWeg

If your employer makes it a condition of employment, then yes they can tell you what to do in your own time and yes they can sack you for it.

Many people are sacked for actions outside work. Social media is a biggie, lots of people sacked for comments on SM at my previous job.

Depends very much on what the condition is. Just because something is in a contract doesn't make it enforceable.

[PurpleDaisies]

As I said upthread, if the OP were working in a life-or-death critical setting where staffing levels were hanging by a thread then as a manager I’d probably make an appeal to her conscience to go

If they’re working in that setting, they’re probably going above and beyond every day. They deserve their meal out.

[LearnedResponse]

When it comes to restaurants it’s not just the risk of catching it, (and possibly passing it on to colleagues/customers) it’s the additional risk of Track and Trace requiring you to self-isolate and stay off work for a fortnight. That’s not a risk you take when you go shopping.

As I said upthread, if the OP were working in a life-or-death critical setting where staffing levels were hanging by a thread then as a manager I’d probably make an appeal to her conscience to go above and beyond what I could formally require. However in this case it sounds like her manager is just an arse so he can go whistle.

[SerendipityJane]

If your employer makes it a condition of employment, then yes they can tell you what to do in your own time and yes they can sack you for it.

So a clause saying you can't drink alcohol ?

Or wear red ?

Or buy Israeli goods ?

[PeterWeg]

If your employer makes it a condition of employment, then yes they can tell you what to do in your own time and yes they can sack you for it.

Many people are sacked for actions outside work. Social media is a biggie, lots of people sacked for comments on SM at my previous job.

[KatherineJaneway]

It's about individuals taking as few risks as possible.

It is about individuals making a choice for themselves within the guidelines. I choose to go to the gym, I choose to go to the office one day a week, I am off to a bar and a restaurant tonight. You have no right to tell me what I can and can't do and what is and is not essential.

You live your life, I'll live mine.

[Notfeelinggreattoday]

Are they also telling you to not go shopping or visit anyone as you can catch it anywhere realistically may be higher chances in some
Places but anywhere carries a small risk