EMPLOYMENT TODAY: COVID and nightclubs: an employee’s right to choose

A post-Christmas return to work has been challenging for employers this year with COVID restrictions, self-isolation and difficulties with recruitment. Thrings’ Employment team has set out answers to some of the most pressing issues faced by employers at this time.

QUESTION: We have a young workforce and are aware that staff members are keen to socialise and are going to nightclubs. Our concern is that going clubbing may increase the risk of catching COVID-19 and spreading it to others in the workplace. Can we ban employees from going to nightclubs?

ANSWER: In England, large gatherings are still taking place and venues are permitted to stay open, including nightclubs, subject to COVID-19 status checks.

It would be very difficult for employers to make such impositions to an employee’s private life. The focus or assumption about ‘younger’ workers might also lead to inferences of age discrimination in such a policy or approach.

For further information on any employment issues, please contact Kerrie Hunt, khunt@thrings.com