Lovingangels Care Ltd v Mhindurwa [2023]

Background:

The claimant, a live-in care assistant, was made redundant in Summer 2020.  This occurred after her client had moved into a care facility and due to the pandemic there were no other clients she could live with.  At first instance, the Tribunal decided that there was an alternative to redundancy – that being the furlough scheme. As a result, the claimant was successful.  The respondent appealed this to the EAT.

Outcome:

The EAT stated at paragraph 1:

‘This appeal raises the question of whether the Coronavirus pandemic required an alteration to the legal analysis to be applied when deciding a claim of unfair dismissal.  Put another way, was there a special