What if the workplace is still operating, but staff are not reporting for work?
You should maintain contact with your employees throughout the pandemic.
If your employees have not reported to work, find out why - they may be sick or caring for a sick relative. The planning you do before the pandemic will help you respond to different scenarios, such as offsite working or car pooling to work because public transport has stopped.
It is reasonable to expect staff to attend work where all practicable steps have been taken to protect them and where they are physically able to attend. All practicable steps means everything a reasonable person would do, given the severity of the risks, what's known about them, and the availability and cost of safeguards.
If staff are still concerned, they need to raise it with you, or their health and safety representative. If they remain concerned, they can refuse to do a job they believe is likely to cause them serious harm. However, they are obliged to work with you to resolve the matter, and can only continue to refuse to do the job if they have reasonable grounds for considering it dangerous.
You can view our information on Problem Solving or contact the Department on 0800 20 90 20.
This advice is given as a guide. Employees and employers are advised to seek their own advice depending upon the circumstances they face.
Date Modified: Thursday, March 31, 2011
Disclaimer: The content on this website covers common problems. It will not answer every question
and should not be used as a substitute for legislation or legal advice. State sector employers
and employees may be affected by some differences in the laws that apply to them (e.g. State
Sector Act 1988). The Department of Labour takes no responsibility for the results of any actions taken
on the basis of information on this website, nor for any errors or omissions.
