Covid confusion

[Rushy04]

I’m finding it hard to get clear guidance on this issue could anyone please advise me?

During October (no lockdown) I went out for a meal with work. One person booked 2 separate tables, a table of 5 and one of 4. We followed government guidance and sat at our socially distanced tables, signed in, sanitised and at all times obeyed the rules.
One person tested positive for Covid a couple of days after the meal, we think he contracted it few days before. Because we were in contact we had to isolate for 14 days. No-one else got it, clearly following the guidelines worked.
Our employers are not happy and insist we have broken the law! Both groups are now facing disciplinary action, could anyone give me sound advice on this please, I have read a few things online but I really can’t see that we have done anything wrong, let alone break the law.
thank you for taking the time to read this, I look forward to your replies.

[efpom]

If the employer says you have broken the 'law', it falls to the employer to specify a) the name of the legislation and b) the section or sections he asserts you breached and c) how such a breach entitles him to take disciplinary action against you.

A simple assertion - 'you have broken the law' will not do.

It is also not open to an employer to take disciplinary action against a 'group' of his employees - he must proceed against each individual, separately.

[Rushy04]

Thank you for your reply.

They are dealing with us as a group but is issuing individual action.
They are trying to say that we went out as a group larger than what is acceptable in accordance with the law/guidance which as far as I can see a group is determined by the number of people sitting at a table, therefore a group of 4 and a group of 5.
Because 1 person booked two tables for the two groups this is where they are saying we broke the law, is there anything on this?

many thanks.

[efpom]

There is a profound difference between law and guidance.
Simply put, laws must be obeyed, guidance does not.

You say that your employer asserts that "we broke to law". You are entitled to know, as a matter of law, what specific law he asserts you broke and indeed what section of that law. Unless he expressly states that, your employer's disciplinary proceedings are fatally flawed.

[R0b]

I would also add that your employer is taking the definition of 'social gathering' quite broadly. In my view, meeting the rule of six whilst having separate tables is still within the law/guidance that was given at the time. But, as Efpom said, the onus is on your employer to prove what law you have actually broken - suggest that any disciplinary meeting is recorded, notes are taken and you may want to have an independent person attend too (by law your employer must allow this) and you should tell him this as soon as possible.

[Rushy04]

Thank you, this is very helpful.