Employment Law and Travel Restrictions During a Pandemic: Can My Employer Disciplinary Me for a Safe Trip?

Recently, a radio interview with a lawyer from Acas (Advisory, Conciliation and Arbitration Service) sparked debate regarding the legalities of an employer disciplining an employee for traveling to a country on the government's 'safe' travel list. This article will delve into the key legal aspects, clarifying when and how an employer might pursue disciplinary measures in such cases.

Legal Perspectives on Travel During a Pandemic

From the perspective of employment law, the near-universal sentiment is that employers do not have the authority to penalize employees for traveling to a country deemed safe by the government, especially if the travel was done of their own accord or as part of their designated holiday.

Employee's Right to Travel

Travelling during a pandemic, while potentially risky, was often deemed a personal choice. If an individual travels abroad and follows government guidelines and recommendations, it is unlikely that they could be penalized for it. Legal expert comments from Acas emphasize that traveling to a 'safe' country should not be considered a breach of contract or the employer's code of conduct.

Employer's Responsibility and Risk Management

According to employment law, employers are responsible for maintaining a safe working environment for their employees. They cannot demand that workers never come into contact with others, which includes occasional travel. Requiring employees to stay in the country and not engage in any travel, even to 'safe' destinations, would be an unreasonable and impractical expectation.

Employers can lay out guidelines for employees to follow, but enforcing strict restrictions without legal backing is problematic. Disciplinary actions might only be justified if the employer can demonstrate that the employee's travel posed an immediate and serious risk to other employees or the business.

Can Employers Disciplinary Employees for Travelling?

Disciplinary action by an employer for traveling should be approached with caution. Unjustified or disproportionate penalties can lead to legal battles and potential reputational damage.

When Employers Can Take Action

If an employee's travel poses a significant risk to the business, such as violating workplace safety guidelines or creating a direct threat to other employees' health and safety, the employer might have grounds for disciplinary action. However, such a scenario is rare and would require clear evidence and a well-defined policy.

What Constitutes a Significant Risk?

Potential exposure to new or emerging infectious diseases.

Travelling to a country with ongoing quarantine requirements that may disrupt work.

Travelling during an outbreak of a highly contagious disease within the destination country.

Employee failing to follow recommended safety protocols after returning from travel.

The Employer-Employee Relationship After Travel

If an employee travels to a 'safe' country, the employer cannot punish the employee for it. They may, however, take disciplinary action based on the employee's performance or conduct following the trip. This might include:

Failure to report their travel plans or adhere to the company's travel guidelines.

Putting others at risk through their behavior or actions upon return.

Conclusion

The core principle in employment law is ensuring that employers do not unreasonably restrict employees' rights to personal freedom, especially when these restrictions do not align with the best interest of the business.

While traveling during a pandemic may have heightened security concerns, it is essential to maintain balance between the employer's interest and the employee's fundamental right to personal decision-making. If an employer wishes to limit travel, they must have a clear, justifiable, and well-documented policy to support any subsequent disciplinary action.