In the first case of its kind, the Claimant had been absent from work after his initial isolation note had expired and was dismissed when he refused to return to work.
He had not been employed for two years so could not bring a claim for ordinary unfair dismissal.
Instead, he brought a claim for automatic unfair dismissal based on health and safety concerns being asked to return to work in circumstances of danger which he reasonably believed to be serious and imminent.
The tribunal held his concerns regarding covid were general, rather than workplace specific and dismissed his claim. The Court of Appeal set out five questions that a tribunal has to decide in such cases:
Did the employee believe that there were circumstances of serious and imminent danger at the workplace? If so:
Was that belief reasonable? If so:
Could they reasonably have averted that danger? If not:
Did they leave, or propose to leave or refuse to return to, the workplace, or the relevant part, because of the (perceived) serious and imminent danger? If so:
Was that the reason (or principal reason) for the dismissal?