Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Contents
- The Short Answer
- What’s the Legal Position on Staff Working With COVID?
- Can Employees Legally Be Required To Work With COVID?
- Government & Public Health Guidance To Rely On
- Your Health & Safety Obligations
- Remote Work: Should People Work From Home If They Have COVID?
- Updating Your Workplace Policies
- What COVID Safety Measures Should I Still Use?
- Vulnerable Employees or Those at Higher Risk
- Can Staff Refuse To Come To Work Because of COVID?
- Key Takeaways
- Helpful Links
COVID-19 may no longer dominate headlines like in 2020, but questions about workplace attendance, staff well-being, and your legal obligations as an employer haven’t gone away. If you have wondered, “Can I go to work with COVID?” or “Can I ask employees to come in if they’re testing positive?”, you’re not alone. With guidance having changed repeatedly and ‘living with COVID’ now the norm, it can be hard to feel confident you’re doing the right thing legally and ethically.
In this guide, we break down your main legal duties, point to the latest official advice, and share practical steps for balancing business needs and staff safety. If you’re asking whether you can or should ask employees to work with COVID, read on to keep your workplace protected and compliant.
The Short Answer
There is no current UK law that outright bans a person who has COVID-19 from working. However, employers must still manage workplace risks and protect health and safety so far as is reasonably practicable. If someone has COVID-19, the safer and legally sensible approach is usually to keep them away from the workplace while they follow public health advice and, where possible, support remote work instead.What’s the Legal Position on Staff Working With COVID?
The Health and Safety at Work etc. Act 1974 requires you to protect the health, safety and welfare of employees and others affected by your business. That duty includes managing risks from infectious disease in a proportionate way. Importantly, the Health and Safety Executive (HSE) now says it no longer expects every business to include COVID-19 specifically in its risk assessment unless the work activities create exposure risk, for example in health or social care. You still have general duties to keep the workplace safe, which may include taking sensible steps around respiratory illnesses.- HSE workplace COVID page: Coronavirus advice for workplaces (confirms no universal requirement for COVID-specific risk assessments)
- UK workplace guidance: Reducing the spread of respiratory infections in the workplace
Can Employees Legally Be Required To Work With COVID?
There is no new statute that prohibits people with COVID-19 from attending work. The decision turns on your duty to control risks so far as is reasonably practicable.- Sick staff and Statutory Sick Pay (SSP). If an employee is too unwell to work, they should take sick leave. SSP remains payable under the live GOV.UK rules. Reforms are in progress to widen eligibility and remove waiting days, but until fully in force you should follow current GOV.UK guidance and calculators.
- GOV.UK current calculation guidance: Manual SSP calculation
- Government announcements on reforms: News release and policy papers such as the SSP reform summary (PDF)
- ACAS overview of current eligibility and waiting days: ACAS SSP
- Symptomatic or positive employees. UK public health advice is to try to stay at home and avoid contact with others after a positive COVID-19 test. In England, adults are advised to try to stay at home for 5 days after the day of the test, and to avoid contact with vulnerable people for 10 days. Children and young people are advised to try to stay at home for 3 days. See the NHS summary: COVID-19 symptoms and what to do.
- Workplace policies. If you have sickness or remote work policies in place, apply them consistently.
- Remote work. Where work can be done from home and the employee is well enough, remote work is generally the safest and easiest solution.
Government & Public Health Guidance To Rely On
Although the legal requirement to self-isolate ended, official guidance still encourages staying at home if you are unwell or test positive.- England. See NHS advice on duration for adults and for children: NHS: COVID-19 symptoms and what to do. See workplace measures: UKHSA workplace guidance.
- Scotland. Public-facing advice: NHS Inform: Coronavirus.
- Wales. Current page on respiratory infections including COVID-19: Gov.Wales guidance (updated 9 June 2025).
- Northern Ireland. See nidirect advice on reducing spread of respiratory infections: nidirect advice.
Your Health & Safety Obligations
- Risk assessment. You must assess and manage workplace risks proportionately. HSE no longer expects every employer to include COVID-19 specifically unless work activities create exposure risk. See HSE’s overview: HSE coronavirus workplace page.
- Ventilation is a legal duty. Regulation 6 of the Workplace (Health, Safety and Welfare) Regulations 1992 requires adequate ventilation. See HSE ventilation guidance: Ventilation in the workplace and the regulation text: Regulation 6.
- Consult your staff. Engage with employees or safety representatives on measures you plan to take.
- Equality duties. You must consider reasonable adjustments for disabled or clinically vulnerable staff under the Equality Act 2010.
- RIDDOR reporting. Most ordinary community transmission is not reportable. Reporting applies where infection is attributed to occupational exposure or a dangerous occurrence. See HSE: RIDDOR and COVID-19.
- Data protection. COVID status is special category health data. If you collect or share it, identify a lawful basis and an Article 9 condition, minimise what you collect, and limit retention. See the ICO guidance: Data protection and workers’ health information.
Remote Work: Should People Work From Home If They Have COVID?
- If someone is too unwell to work, they should be on sick leave.
- If they feel well enough and their role can be performed remotely, enable home working during the advisory period.
- For roles that cannot be done remotely, consider temporary adjustments, redeployment to tasks that reduce contact, or paid sick leave in line with your policies.
Updating Your Workplace Policies
Clear, well-communicated policies make decisions quicker and reduce disputes. Review and update:- Sickness policy. Explain what employees should do if they have respiratory symptoms or a positive COVID test, aligned with current NHS or devolved guidance.
- Remote and flexible work policy. Set out how to request and approve home working when staff are mildly unwell or isolating.
- Risk assessment process. Keep a simple, regularly reviewed process that reflects HSE’s current stance on COVID-specific assessments.
- Health and safety policy. Include hygiene, cleaning of touchpoints, and ventilation measures tied to Regulation 6.
- Data protection note. Confirm your lawful basis and safeguards for any health data you process.
- RIDDOR scope. Clarify when reporting could apply in your sector and who is responsible for making reports.
- Vulnerable staff. Reference reasonable adjustments and any sector-specific duties.
What COVID Safety Measures Should I Still Use?
Keep proportionate, low-burden controls, especially in busy seasons or higher-risk settings:- Encourage people with symptoms or positive tests to remain at home during the advisory period.
- Maintain good workplace hygiene and provide hand sanitiser.
- Ensure adequate ventilation in line with your legal duty.
- Allow face coverings for staff who wish to use them, and consider them where close contact is unavoidable.
- Support vaccination uptake through balanced communications and signposting to official resources.
Vulnerable Employees or Those at Higher Risk
You must consider reasonable adjustments for disabled or clinically vulnerable staff. Examples include additional remote work, modified work areas, temporary reassignment of duties, or enhanced PPE in relevant sectors. Health and social care employers should follow sector IPC guidance.Can Staff Refuse To Come To Work Because of COVID?
Employees have protections if they reasonably believe there is a serious and imminent danger. Practical steps reduce risk of disputes: keep risk assessments under review, follow public health advice, consult staff, and communicate measures clearly. Where attendance is essential and the employee is fit for work, you may require on-site work only if your controls make it reasonably safe. This call is higher risk in crowded settings or where vulnerable people are present.Key Takeaways
- You cannot require attendance where doing so would breach your health and safety duties. Use risk assessment and current public health guidance to inform decisions.
- Encourage remote work where feasible for staff who are positive but well enough to work. Use sick leave where they are unfit.
- Keep policies up to date, including ventilation, hygiene, data protection, and RIDDOR scope.
- Apply additional care for vulnerable staff and follow sector-specific guidance in health and social care.
- Stay across SSP developments and use current GOV.UK calculators until reforms are fully in force.
Helpful Links
- NHS: COVID-19 symptoms and what to do
- UKHSA: Reducing the spread of respiratory infections in the workplace
- HSE: Advice for workplaces
- HSE: Ventilation in the workplace and Regulation 6 text
- HSE: RIDDOR reporting of COVID-19
- ICO: Workers’ health information
- GOV.UK: SSP manual calculation and SSP reforms news
- NHS Inform (Scotland) | Gov.Wales guidance | nidirect (NI)
- IPC in adult social care | NHS England IPC
