Shanks v Lothian Health Board [2023] EAT 148

Posted In: Case Law
  • Decision Number
    EAT 148
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Coronavirus/Covid-19
Issues covered: Unfair Dismissal; Gross Misconduct; Coronavirus


The claimant was employed by the respondent as a catering assistant.   During the pandemic, the respondent required employees to wear face masks in compliance with the Scottish Government Regulations under the Coronavirus Act 2020.  The claimant disagreed with this and asked the respondent to provide the scientific basis for wearing masks.

Disciplinary proceedings were brought against the claimant for her refusal which led to dismissal for gross misconduct.  The claimant brought a claim for unfair dismissal.


The claimant made an argument based upon Schedule 19, Paragraph 3 of the Coronavirus Act 2020 which stated that individuals could not be

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 14/12/2023

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

View all articles by Jason Elliott BL