What do I do if an employee attends work with symptoms but refuses to self-isolate?
If someone becomes unwell in work with symptoms which are a new continuous cough or high temperature then you should ask them to follow Government advice and self-isolate at home for 7 days.
Employees self-isolating will be entitled to SSP from Day 1.
If your company pays company sick pay and the employee is eligible then company sick pay should be applied.
If the employee refuses to go home, then discuss the reasons with them and consider alternatives such as working from home, if this is feasible. If a suitable alternative cannot be agreed you may want to consider suspending them as a precautionary measure. The employee will be entitled to their normal pay, unless your contract provides the right to suspend employees without pay for this reason, which is unlikely. If you send someone home without paying them, in the absence of a specific contractual provision this could lead to a claim for unlawful deduction from wages and breach of contract.
Assumptions that employees should be suspended because they may have the virus, solely on the basis of ethnic or racial background would be discriminatory and a breach of the employer of the implied term of trust and confidence.