went for COVID test then worked until told was postive - i am being Disciplined - help!

[Minty.]

Hello all, hope this is posted into the correct category.

 

can you help me,

 

my girlfriend applied for a COVID test and didn’t tell me.

she told me on the day she received the test,

I asked can you book me into a drive centre and I’ll do mine there.

I had no symptoms, but wanted to test just in case.

I went to the test centre that evening , got handed a leaflet, done test, and gave back to centre, and drove home.

 

now the next two days I went to work as two off us are key workers on the railway, working in a bubble together.

when my test results arrived at the weekend they were positive ,

contacted work and work colleague to take test, which turned out positive.

then isolated as advised.

 

not at any point was I told to stay off work, my girlfriend didn’t tell me as booked it from home for me, or test centre, or even in booklet they gave me.

 

now at mo I have been suspended from work, during this investigation.

I have found this on government website:

 

There is no legal duty to self-isolate while waiting for a test result or if you live with someone with symptoms who has not received a positive test result. However, guidance remains that you do self-isolate where advised to, including in these circumstances, where there is no legal requirement to do so.

 

https://www.gov.uk/government/publications/coronavirus-covid-19-testing-guidance-for-employers/coronavirus-covid-19-testing-guidance-for-employers-and-third-party-healthcare-providers

 

They advise you shouldn’t go to work whilst waiting for a result, and of course I would of. Done this if I was told or read.

 

I would like some help please, as will have a disciplinary soon.

 

will I loose my job?

 

thank you 

 

 

 

 

 

[jacktheband]

So, to check I understand correctly. You were concerned there was a possibility you had covid, you took a test and then went back to work for the 2 days after taking the test until the point that you found out the result was positive? 

[Minty.]

Yes, had a test on Wednesday, went to work Thursday and Friday and got results on a Saturday.

I informed my boss and work colleague straightaway.

now came out of isolation 10days and been suspended due to a investigation.

 

[dx100uk]

pers i don't think its fair your employers expects you to see into the future.

you had no symptoms - it was just a worthy thing to do.

[Emmzzi]

Hello,

 

I think you need to get hold of your employers covid testing policy, and the covid-safe ways of working for your job - if you are in a bubble there is probably something documented. Also any training you had, get a copy of that; and talk to your union rep.

 

We need to know what was in place, and how it was communicated, in order to advise properly.

[Minty.]

Yes, had no symptoms, 

just took the test in case I was positive, and didn’t want to spread in case I was positive and carried on working.

 

On the test instructions leaflet they gave me with nothing on the back to say you should isolate now till you get test results.

 

so don’t know where I stand, I believe I haven’t broke the law.

 

as I believe there might not a employers covid testing policy in place, and not signed a document.

I have read about what to do etc.

I cannot check as suspended, but will ask for a copy.

 

 

Edited January 19, 2021 by Minty.

[unclebulgaria67]

I am a Union H&S rep and I would strongly suggest that you follow the advice of EMMZZI noted above.

 

Your employers are likely to have  made it  a requirement for all employees to advise them of any Covid issues.  So  there will have probably been a requirement to advise them of the Covid test taking place.  AND it may have been a requirement from your company to stay away from work until you had received the test result and then to stay off work for the required period if a positive test.

 

If you are in a Union, please contact your Unions local office rep or the Unions helpline.  

 

If you are not in a Union, it may be worth contacting ACAS   Advice | Acas

[Minty.]

3 minutes ago, unclebulgaria67 said:

I am a Union H&S rep and I would strongly suggest that you follow the advice of EMMZZI noted above.

 

Your employers are likely to have  made it  a requirement for all employees to advise them of any Covid issues.  So  there will have probably been a requirement to advise them of the Covid test taking place.  AND it may have been a requirement from your company to stay away from work until you had received the test result and then to stay off work for the required period if a positive test.

 

If you are in a Union, please contact your Unions local office rep or the Unions helpline.  

 

If you are not in a Union, it may be worth contacting ACAS   Advice | Acas

Thankyou guys,

 

I will ask for a copy of employers covid testing policy, and the covid-safe ways of working for your job, and any other documents.

 

I have a zoom meeting tommorow with the manager to discuss things, before my disciplinary hearing.  

[Emmzzi]

Good luck Minty - I'd also ask, if you can't recall having seen them, how they were communicated to staff. Just in a "remind me" way...

[Minty.]

1 minute ago, Emmzzi said:

Good luck Minty - I'd also ask, if you can't recall having seen them, how they were communicated to staff. Just in a "remind me" way...

 

ok will do.

Thankyou , really helps me  guys.

 

[Minty.]

Had a chat with manager.

 

wanted to know when my girlfriend received her test which was Friday 8th jan when I was at work with my colleague.

so i isolated with her when I got back.

 

Then I received mine in the Saturday 9th.

 

I did ask about employers covid testing policy, and said it was all rushed, and didn’t go through it correctly.

boss said there is a section, if take test you must stay at home.

To be honest, wasn’t explained correctly and section were added it bit by bit.

 

I did asked about disciplinary procedure.

was it :

1 verbal 

mans two written warnings ? He said yes.

 

I have no verbal or any written warnings and been with them 3 years I think.

 

Then next stage is a typed up summary of I guess what’s happened, then the disciplinary.

 

I also asked about work colleague, he was not really eating his food, but getting better, also his parents have no symptoms.

 

So I don’t know where I stand at the moment.

 

 

 

 

[Emmzzi]

ok, so a verbal warning would not be the end of the world.  Do ask in wiring for a copy of the policy that was in force on the day you went for your test; which might be different to the policy that exists now!

 

But, if you are clear that you had not been briefed properly on the policy, and clearly were trying to comply - you showed good intention by taking the test and then staying home as soon as you had the results. You didn't want anyone to get sick.  it's clearly an unfortunate misunderstanding. Obviously now you know better, you'd do things differently next time.

 

I think if you're a good worker otherwise, this will turn out to be a storm in a teacup.

 

Glad to hear your colleague sounds like he's doing ok. Out of all this, that you are both doing ok is the most important thing.

 

 

 

[Minty.]

Thankyou so much Emmzzi,

 

19 minutes ago, Emmzzi said:

Do ask in wiring for a copy of the policy that was in force on the day you went for your test; which might be different to the policy that exists now!

 

I didn’t really ask for it, but I did think that what you said and agree that got time to change it.
 

Then I hope it would be a verbal warning or a written warning.

I am just worried as the company had to get there lawyer involved, and I guess there the ones who are asking for certain questions to piece together.

Then they might advise what action the company should take?

Also, is possible to be sacked and bypass a verbal and written warning?

 

[Emmzzi]

Hi,

 

only if it's gross misconduct. and for that, it would need to be listed in the conduct/ disciplinary policy as something which is GMC. Can you get a copy of that too?

 

The company are most likely worried they have a liability, because they have not trained people properly in the process to be followed... so keep pushing at that. When were you given the policy? How was it explained to you? If they cannot show they did that - how were you to know what to comply with? if you had known, you would have, of course!

[Minty.]

4 hours ago, Emmzzi said:

When were you given the policy? How was it explained to you? If they cannot show they did that - how were you to know what to comply with?

we work for southwestern railway, repairing their stations.

we have a big folder with everything in to each station we work on.

 

on the COVID section, it has not been read out on a toolbox talk, and I don’t know if and when it has been updated.

 

Our health and safety, gives it to the Forman to pass onto us.

the last one we had was maybe 4th of jan 2021.

 

we heard our health and safety was coming to job, and me and my colleague just filled in blanks with no foreman present.

so am sure I have signed this years without anyone explaining.

 

I did tell the manager that today, the office might get emails, but don’t pass it onto us and explain things.

They know this happens on site.

I will ask for:

copy of employers covid testing policy, 

covid-safe ways of working for your job

conduct/ disciplinary policy.
 

But worried they might of changed things.

 

Thankyou

Emmzzi so much with helping me.

 

 

 

[Emmzzi]

Ahhh come on .... you can't be signing things you haven't read!

 

Ok, let's see what they say.

 

Hopefully you are a member of a union? Great time to talk to them. Talk to them even if you aren't a member, this is wider than just you.

[Minty.]

1 minute ago, Emmzzi said:

you can't be signing things you haven't read!

I know, learning my Lesson now.

 

Should get a email with everything on it tommorow. 

[Emmzzi]

Cool, pop back and I am sure we can try and help make sense of it.

[Minty.]

Will do, Thankyou

[Minty.]

Just a update:

 

I received a email today:

 

Further to our meeting yesterday please find the invitation to a disciplinary meeting as discussed.

 

It is likely the meeting on Thursday next week will be held online by Zoom or WhatsApp unless you would prefer this in the office. We currently have a procedure where only 4 people are in the office at any one time and this would need to be booked in advance.

 

Please acknowledge receipt of the email and please advise if you would like a hardcopy of the letter.

 

The manager explained that they would send a email with all the details, and why I was getting a disciplinary for?

 

I just hope as I not had this, maybe a written warning? Hence :

“ would like a hardcopy of the letter” 

 

what do you think?

[Emmzzi]

there is no point in getting a hard copy; but you would like all the policies etc as stated. Zoom is fine. Did they say you can take a colleague with you?

[Minty.]

I said don’t need hard copy, I will go to office and have face to face meeting.

They didn’t say about bringing someone with me, only as email above.

I will ask for policy’s if I get sent something, as I bet they have updated them after this situation.

 

[Emmzzi]

If it is a disciplinary meeting you have the right to be accompanied by a colleague or a union rep. If it's an investigation, you do not. Do you have someone to take?

[Minty.]

Ok,

no sadly.

[Minty.]

just a update, i did receive a email attachment:

 

 Invitation to a Disciplinary Meeting

Further to the investigation meetings which took place with me, on Friday 15th January and Wednesday 20th January 2021. I am writing to inform you that you are required to attend a disciplinary hearing with myself on Thursday 28th January 2021 at 10am which is to be held at our offices.

The disciplinary hearing is being convened to hear the following allegations:

1.    That you failed to notify your line manager, in relation to your partner's COVID-19 symptoms, i.e. a temperature on 5th January 2021 and that you failed to self-isolate in line with Government advice;
2.    That you failed to notify your line manager of your requirement to self-isolate after you developed symptoms of COVID-19 i.e. a new cough on 6th January 2021;
3.    That you failed to notify your line manager, in relation to your partner's COVID-19 positive test and you failed to self-isolate contrary to Government advice;
4.    That your failure to self-isolate created a health and safety risk within your working environment, to your colleagues and to the wider public - in short, your actions and omissions created a risk, in which increased the likelihood of the spread of COVID-19 and put the health of your colleagues and the public at risk; and
5.    That in your acts and omissions as set out above you failed to adhere to the Company's health and safety policy, and the  Covid-19 procedure.
That the actions referred to above constitute serious negligence. That your acts/omissions referred to in points 1,2,3,4 and 5 when considered cumulatively have undermined the Company's trust and confidence in you.

 

The hearing will be held in accordance with the ACAS Code on Disciplinary and Grievance procedures as far as reasonably practicable taking account the size and administrative resources of the Company. I enclose a copy of the code.
During the hearing, you will be given the opportunity to respond to all the allegations above and put forward your case. The Company will then decide whether any of the allegations are well founded, and, if so, will decide on the appropriate sanction. This may include issuing you a warning and/or final written warning and/or if you are found to have committed gross misconduct dismissal with or without notice.

To enable you to prepare for the disciplinary hearing, I enclose a copy of the following documents which will be used during the disciplinary hearing:

•    Code of practice on disciplinary and grievance procedures;
•    Companies Health and Safety Policy Document (October 2020 version);
•    Companies contractors Coronavirus (COVID-19) Procedure;
•    Copy signature sheet on Coronavirus (COVID-19) Update 06;
•    Copy signature sheet on Fitness to Work Declaration;
•    NHS COVID-19 test result for Girlfriend  and
•    IMHS COVID-19 test result for You.

If there are any documents, including witness statements, you wish to be considered at the hearing, please provide copies in advance, no later than close of business Tuesday 26th January 2021. If you wish for any documents to be considered that you cannot access, then please notify me so that, if relevant, these documents can be obtained on your behalf. If you wish to call any witnesses to the hearing yourself, please provide their names in advance by no later than close of business Tuesday 26th January 2021.

The Company does not intend to call any witnesses to attend the hearing.
You have the right to be accompanied at the hearing by a fellow employee or an accredited trade union representative, should you wish. You are responsible for ensuring that your chosen companion is aware of the date, time and location of the hearing. Please let me know in advance by close of business Tuesday 26th January 2021 the name of your companion should you wish to have one present.
Please confirm receipt of this letter and your attendance at the hearing by the above-mentioned date, by contacting me via email.
If you have any further queries regarding the content of this letter, please do not hesitate to contact me.