Employee "breaking the rules"

[LoosingTheChristmasBattle]

How would you feel / deal with the issue of an employee visiting a tier 4 area (from another part of UK) to have a large Christmas with multiple households for 4 days over Christmas?

I was too gobsmacked to say much when he told me.

We have worked in a small office (with a couple of vulnerable colleagues) right through since March and are back together in the office on the 28th.

He can't work from home. Is there anything I can do? I am the line manager in the office and feel responsible for everyone.

Have you got an HR person?

I would feel angry, bitter, shocked and a bit jealous.

I wouldn't deal with it though. You can't control what people do outside of work. In most situations you wouldn't even know what the behaviour or someone you'd had contact with was like. They were stupid to tell you.

I don't know that you can police your employees behaviour outside of work. You don't own them.

If you wanted to do anything all you could do is report them to the police but I don't think that's a good route to go down.

If your company is insisting that your employees come into the office then I would say that they are the ones risking their employees health if they are not also providing weekly testing and proper PPE and distancing.

You don't deal with it. You presumably are his boss, not his mum.

He’s broken the rules and can’t attend work until he’s 10 days clear. Tell him now he’ll be on unpaid leave because of the risk and he’s lucky you’re not reporting him to the police.

Such varied, interesting responses and views.

I feel so conflicted.

It is another part of UK as in different country in the UK so movement across the border is definitely not allowed. But "what's the worst that could happen? A £60 fine is well worth it!"

He's bringing the company into disrepute if it was found out so it could probably come under gross misconduct (especially if is informed that will be the outcome before he is scheduled to go) and he should be fired if he isn't willing to change his plans.

I don't know whether this is legit from an HR perspective but I would want to be doing what HermioneWeasley says and making him take 10 days unpaid leave before he returns to the office.

But @LoosingTheChristmasBattle surely you're providing testing and PPE as an employer? And the employees are spaced out in a well ventilated office?

If it's office based then why can't people work from home?

Someone at my work has broke lockdown through out went abroad and then didn't isolate just came back to work. What can we do. Nothing. I'm sure he'll be flouting all the Xmas rules too

we have been toldfrom the start of the pandemic that any rule breaking brings the company into disrepute and will lead to a disciplinary procedure and possibly termination of contract.

Not necessarily your fault but if you're insisting that your staff come into work without proper safety protocols in place then it's quite hypocritical to blame employees if covid spreads in the office.

I’d say 90% of my office are doing what they want and have been for a while. You can’t control what other people do, and you shouldn’t try. Just out of interest, why can’t you work from home?

But then what’s to stop him lying and saying he didn’t go in the end. There’s nothing you can do without proof.

Appeal to his better nature?

In some roles like mine in healthcare you have to pay to be on a professional register and there was some discussion around being possibly struck off for not adhering to the rules around quarantine etc. But it would need to be proved outright which is near impossible.

What he’s planning is pretty reckless, I’m worried that many will do the same. I already know of a few who have travelled out of tier 4 for Christmas and hoping they isolate themselves as advised.

Yabu to have “loosing” in your username

Also mind your own business, you’re not his mum.

I would be pissed off.
But I don't think it's much to do with the employers what their staff do in their spare time. I am not a fan of employers sacking people for non-work related posts made on social media, for instance. If they post or do something illegal, let the police deal with it. But employers (and the general public who encourage "report to their workplace!") are not the thought police.

And yes, of course it's the coworkers business if he is increasing their risk... but what can anyone do really?

You can and should do something as he's putting you and his colleagues at risk. Your other staff could raise a grievance that you aren't taking care of health and safety.

I would chat to HR and require him to have a negative covid test before returning to work in order to protect the vulnerable people in your office

You, as manager, have a duty of care to your staff so if that's what he has told you he is doing I would document it and send a copy to HR. After Christmas he should isolate (unpaid) and get a negative test before returning to work.

To those saying why can't he work from home - not all businesses can. We have all been office based the whole time with appropriate measures in place.

Discuss with HR if this is something that the company is bothered by. If not, say and do nothing. If they have a policy on it, follow it. The entire thing is shit and having Christmas whipped away from people at the last minute has been disappointing. The only difference between his risk and all those people that fecked off out of London last week is timing. The 'risk' is already out there.

He’s putting his colleagues at risk therefore it is a H and S issue. He is behaving in an unsafe way.

Dh had it at his work. Person was disciplined and sent home to work for 10 days. The whole company have been told it’s a disciplinary issue shoukd anyone else do it.

What he does in his own time is his business. But putting colleagues at risk by deliberately coming in is a safety issue.

I'd call him out on it. A business owner told me today he was going to his holiday cottage in a tier 2 area. I exclaimed loudly "but Fred, how can you do that, you're in tier 4 and it's not allowed.

It was loud enough some of his staff heard and he went very red and mumbled something about picking up presents. Bollocks was he picking up present.

He was ashamed and he knew it. It might make him think twice.

Does anyone actually know the legal standing on this ? We can all have opinions but was does employment law say ?
Can you sack everyone if they have broke guidance or only if law ?
Also I have heard others complain if this but aren't we all supposed to only be in office if covid safe and not get close enough etc to pass on
Not a lot of places put everyone in isolation with one case in an office do they ?

@HermioneWeasley

He’s broken the rules and can’t attend work until he’s 10 days clear. Tell him now he’ll be on unpaid leave because of the risk and he’s lucky you’re not reporting him to the police.

Yep I agree. Ultimately if he catches it he will bring the virus back to your office and that’s not fair on the rest of the employees. The fact that he shared this information with you goes to show how ignorant he is of the whole situation