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Given the risks of coronavirus, what do you do if an employee doesn’t wash their hands?

Before risking an over-reaction you may like to do a risk assessment as outlined in a companion blog to this: Social distancing, coronavirus and employment.

If this assessment identifies specific risk, such as putting elderly or others with underlying illnesses at risk then you would be wise to act. Coronavirus aside, poor hygiene can put others at risk from flu, e-coli and other potentially fatal diseases.

If the risks are minimal then you might simply remind, or informally warn, an employee of the current circumstances. Employees are likely to respond to such advice.

But if the risks are significant then you might need to give a formal warning. Consider the following:

  • Are you sure of your facts? If you believe something to be true, then you can put that to the employee. If they deny it, however, you may be in a difficult position. It is better if you have evidence (which may be hard to get). Your word against theirs can also be difficult. If that is all the evidence that you have then an informal warning may be better; at least the first time.
  • Has the employee not seen the nationally publicised advice? Unlikely but possible. However, if you have made the advice explicit then you need to consider a hearing.
  • In referring to your disciplinary rules you might need to decide which rule your employee has broken. It does not need to be specific because rules should be examples only. “Failure to follow a reasonable instruction” would be a typical choice.

Before a formal warning you need to follow your disciplinary procedure. Employer Solutions can advise and support you in the process.

How to deal with a difficult employee – part 3

How to deal with a difficult employee – part 4

How to deal with a difficult employee – part 5

By warning an employee, for whom you have clear evidence of failure, you send out a message to those who may also be ignoring an instruction. Formal warnings carry a lot of weight.

Malcolm Martin FCIPD

Author Human Resource Practice

Blogs are for general guidance and are not an authoritative statement of the law.