Greg Cunningham

Employment Tribunal Finds Covid Vaccination Policy Not Discriminatory


M Baczak v Care UK Community Partnerships Limited: ET 4100547/2022

Greg Cunningham successfully defends all claims of unfair dismissal and discrimination based on the protected characteristics of race (nationality) and religion or belief.

The Claimant was employed to work in a care home setting providing personal care to residents.  In about 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.

Perhaps of most interest to practitioners is the succinct analysis of how S 19 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.

Greg was instructed by DAC Beachcroft LLP.