You are currently viewing Employees who refused to get vaccinated during pandemic were fairly dismissed

Employees who refused to get vaccinated during pandemic were fairly dismissed

1) Miss G Masiero 2) Mrs J Hussain 3) Miss S Chadwick 4) Ms G Dimitrova v Barchester Healthcare Ltd: [2024] EAT 112

Prior to the law requiring care home workers to be vaccinated, the employees in this case were dismissed for failing to comply with a care home’s policy to be vaccinated. The employees argued that the dismissals were unfair and in breach of their right to respect for their private and family life. However, the Employment Tribunal found that the dismissals were fair. Upon appeal, the Employment Appeal Tribunal held that it was open to the tribunal to find that even a small reduction in the risk to life of care home residents was capable of outweighing the employees’ rights to respect for their private and family life.

You can see the full judgment here.