The advice above seems to be on point. I would always check with an employment lawyer first but I would guess there is also something else going on – as per Fiona’s statement. Perhaps try to get to the bottom of exactly why this person does not wish to work, there could be another reason beyond what they have given you which may just be an easier fix. There is a lot going on in people’s lives at the moment that can lead to illogical statements being made and some irrational behaviour – the majority of people want to return to what is viewed as normal life right now. For example it could be as simple as they need some flexibility with work hours in the short term to care for school children that need to be supported at home. Failing this then stick to the counsel provided by your legal advisor. All the best.