Ask the Care Specialists

Welcome to our 'Ask the Care Specialists', your one-stop portal for social care-related questions. Our team of specialists will try to answer as many of your Social Care questions as possible.

I work in a care home. Would I be sacked if I came to work knowing I had just tested positive for COVID?

I work in a care home . Would I be sacked if I came to work knowing I had just tested positive for COVID?

If you come into work having tested positive for COVID-19, this could be considered gross misconduct and therefore could result in your dismissal without notice. This is because you would be contravening current Government guidance, which requires you to self-isolate if you have tested positive for COVID-19 as well as any policy and/or health and safety risk assessment that your employer has in place. In addition to this, there could be a serious breach in the trust and confidence your employer has in your ability to fulfil your role as a care worker, as you have knowingly come into work when you are positive for COVID-19 placing other staff members and vulnerable service users at risk of becoming infected with COVID-19, which could also be a serious health and safety breach.

Napthens LLP

Employment Law Specialists

What would you like to ask our Specialists?

Have you got a social care question that you just can't find the answer to? Our team of sector specialists is here to provide you with easy-to-understand top tips on a wide range of topics, from dementia, mental health to employment law or every day operational queries to help you deliver outstanding care.

We try to answer as many of your questions as possible. We give priority to frequently asked questions and questions regarding current events and trends. To learn more about the team visit:

Please note that our specialists cannot offer answers to matters requiring legal advice. Please do have a look at our website at other answers provided by our experts and in our Expert Insights section There is a wealth of information here freely accessible that could help you.

Important note: We are not in any way affiliated or connected to the Care Quality Commission, Care Inspectorate Scotland, or Care Inspectorate Wales. If your query relates to someone who is at risk of harm or in danger, you must follow your local safeguarding procedures. It is important that you speak to your regulator who will provide you with the best guidance and support.

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