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
Background:
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.
Outcome:
The claimant made an argument based upon Schedule 19, Paragraph 3 of the Coronavirus Act 2020 which stated that individuals could not be
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Jason Elliott BL
Barrister
The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com
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