Can An Employer Dismiss An Employee For Refusing To Return To Work Due To Concerns About Covid?

Public health restrictions in Bermuda have been gradually easing in recent months and almost all came to an end on 20 June.

Although many employees have been back at work for some time – and some never left – for others the lifting of restrictions may remove any lingering constraints preventing them going back to work. For the significant proportion of employees who have been able to work from home throughout the pandemic, the further easing of restrictions may also see more people returning to the office.

Nonetheless, there will be some people who will still have significant concerns about the potential health risks of returning to the office, from increasing their interaction with colleagues and customers and from resuming their commute. In this article, we consider whether employers can lawfully discipline and dismiss employees who refuse to return for this reason.