Follow up

Rodgers v Leeds Laser Cutting Ltd

[Weblink]

Automatic unfair dismissals and COVID-19

Refusal to return to work

In Rodgers v Leeds Laser Cutting Ltd 2022 (see Follow up ), Rodgers (R) refused to attend work during the first COVID-19 national lockdown because he had vulnerable children. He was dismissed and claimed automatic unfair dismissal under s.100(1)(d) Employment Rights Act 1996. He said he had been dismissed for refusing to return to his workplace in circumstances of danger which he had reasonably believed to be serious and imminent. An employment tribunal rejected his claim, and the employment appeal tribunal (EAT) has now upheld that decision.

Rationale for EAT decision

On the facts, it was held that R didn’t have a reasonable belief in a serious and imminent workplace danger. Although R had general concerns about COVID-19, his decision to stay away from the workplace wasn’t directly linked to his working conditions. The employer had put reasonable measures in place to reduce the COVID-19 risk and R could have observed social distancing and worn a face mask, etc.

Pro advice. Although R lost his case because the legal test in s.100(1)(d) wasn’t met, the EAT did state that COVID-19 could give rise to circumstances of danger that an employee could reasonably believe to be serious and imminent.

Rodgers v Leeds Laser Cutting Ltd