Given that the government has emphasised the importance of following current self-isolation rules, it’s unlikely that employers can instruct employees not to use the app while at work – depending on the reasons why they require this – for a few reasons.

First and foremost, this may still be considered a useful step in preventing illness in the workplace, especially given the high infection rates we’re seeing at the moment. In some settings, failing to encourage staff to have the app enabled – or actively instructing them to turn it off – could result in a breach of your obligations under health and safety legislation, irrespective of there being no explicit legal obligation to self-isolate.

Secondly, employers have little authority to tell employees what they can and can’t do with their own personal property, including what they can and can’t download onto their phones. Further, while employers can restrict employees from having their phones on them in some circumstances, for example if they work on a factory floor or in a highly-controlled environment, there may be a distinction between employers who have legitimate operational reasons and employers who simply require this because they are concerned about absence levels increasing.

Finally, and importantly, issuing such an instruction is likely to result in some employees raising concerns about their own and others’ health and safety. If employees refuse to work in this scenario, and you discipline or dismiss them, this could give rise to claims under sections 44 and 100 of the Employment Rights Act 1996, particularly if that individual is clinically extremely vulnerable or lives with someone who is.