Dismissal of employee for refusal to return to work after pandemic was not unfair

Easing out of lockdown will prompt employers to focus on how to manage a return to the workplace, especially for reluctant returners after long absence during the pandemic.

In the recent case of Rodgers v Leeds Laser Cutting Limited an employee was dismissed when he refused to return to work because he was worried about COVID-19.

The employment tribunal dismissed his automatic unfair dismissal claim for two main reasons:

• his employer had followed government guidance on making its workplace COVID secure; and
• the Claimant had not raised any meaningful concerns about workplace safety, and so did not hold a reasonable belief that there was serious and imminent danger, for the protection from dismissal under sections 100(1)(d) and (e) of the Employment Rights Act 1996 to apply.

Please note that this decision relates to the specific facts in this case. Please call our Head of Employment Law, Gillian Reid, on York 01904 716050, Wetherby 01937 583210 or Malton 01653 692247 for expert advice on your particular circumstances.