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COVID related cases are now appearing before the Tribunal

COVID related cases are now appearing before the Tribunal: Rodgers v Leeds Laser Cutting Ltd ET1803829/2020

Please note Employment Tribunal cases are not binding but certainly can be referenced in future cases and help to show judicial thinking around the topic.

One recent case saw a father informing his manager he would not return to work until after lockdown.  He argued that this position was reasonable because he feared he would infect (with COVID19) his children, who had ill health conditions.

When he was dismissed, he sought to argue that it was automatically unfair. He tried to rely on sections 100(1)(d) and (e) of the Employment Rights Act 1996: this provides protection from dismissal for exercising ones right to leave the workplace and take steps to protect oneself where you reasonably believe there is serious and imminent danger.

The tribunal rejected an argument that COVID-19 created circumstances of serious and imminent workplace danger, noting that the employer had taken all reasonable safety precautions that the government advised at the time.

Posted on 6 May, 2021 by Ortolan

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