Infectious Disease and the Scope of the Employer’s Duty of Care

Abstract Government guidance published during the COVID-19 pandemic implied that employers owe a duty to protect their employees from the risk of infectious disease in the workplace. That employers owe a duty in respect of occupational disease – including occupational infectious disease – is well established. However, there is no authority to support the proposition that the employer’s duty extends to include infectious diseases in general circulation in the community (e.g. COVID-19, flu, measles). The Government’s guidance was therefore based on a misunderstanding of employers’ liability. This article argues that infectious diseases in general circulation are, and should remain, beyond the scope of the employer’s duty in English law.