As Covid-19 Cases Spiral Many Employees Are Asking Do I Have A Right Not To Attend Work?
As Covid-19 cases continue to spiral due to the Omicron variant, many employees may ask if they have the right to not to attend work because of concerns, perhaps infecting their family.
The short answer is NO, you do not have such a right and that has been established legally by an Employment Tribunal.
The decision centres around an employee who was dismissed after refusing to attend work for precisely this reason. The employee brought a claim of unfair dismissal, but this was rejected.
The Tribunal ruled that the pandemic and fears around it did not give employees the automatic right to stay away from work when their employer required their physical attendance.
The Graham Agency, working with you.