Can You Dismiss An Employee For Refusing to Work Due to Covid-19?Posted in : First Tuesday Q&A NI on 5 July 2022 Issues covered: Covid-19; Unfair Dismissal; Health and safety
The EAT held in Rodgers v Leeds Laser Cutting Limited that an employee who refused to return to his workplace during the first lockdown in 2020 was not automatically dismissed. This was one of the first appellate considerations of a covid-19 related dismissal.
The claimant in this case had a child with a medical condition putting them at a higher risk from Covid-19. The claimant argued his dismissal was unfair because his failure to return to work was in circumstances of ‘serious and imminent danger’. The employer in this case had implemented considerable steps to mitigate the dangers of Covid-19. The EAT considered the size of the warehouse, number of employees on site, claimant’s
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial 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
Back to Q&A's This article is correct at 05/07/2022
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.