Employment Tribunal finds Covid vaccination policy not discriminatory
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Greg Cunningham
Westwater Advocates’ Greg Cunningham has successfully defended all claims of unfair dismissal and discrimination based on the protected characteristics of race (nationality) and religion or belief.
In M Baczak v Care UK Community Partnership Ltd, the claimant was employed to work in a care home setting providing personal care to residents. In August 2021, the respondent introduced a mandatory covid vaccination policy that applied to anyone entering one of their care homes.
The policy applied not only to employees, such as the claimant, but also to agency workers and visitors etc. The claimant did not comply with the policy and was dismissed. Practitioners may be most interested in the analysis of how section 19 of the Equality Act 2010 operates [paras 116 – 141] and the observations on economic coercion [para 158].
Ultimately, the tribunal found that the policy was a proportionate means of achieving a legitimate aim and was not discriminatory.
Mr Cunningham was instructed by DAC Beachcroft LLP.
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