Covid – Refusal to attend work

One of the first Covid-related claims:

The claimant brought an unfair dismissal claim alleging that he was dismissed because he refused to return to the workplace and the reason was because he feared he would infect his vulnerable children with COVID-19 . He argued that this amounted to a reasonable belief of serious and imminent danger (dismissal on such grounds being automatically unfair dismissal underĀ s100(1) ERA). On the very specific facts, including the precautions which the employer hadĀ  taken and the actions of the claimant (which included not taking any steps to avert danger or raise concerns with his manager before absenting himself from work) , the Employment Tribunal did not uphold his claim.