Jurisdiction(s):
United Kingdom

EAT upholds fair dismissal over mandatory Covid-19 vaccination; residents’ Article 2 right to life outweighs workers’ Article 8

Published on: 16 July 2024

Published by a Law360 reporter

Legal News

Article summary

G Masiero and others v Barchester Healthcare Ltd [2024] EAT 112

On 12 July 2024, Judge Holly Stout, in [2024] EAT 112, upheld a tribunal’s decision that Barchester Healthcare Ltd acted fairly in dismissing four staff who declined the coronavirus vaccination. In her reasons, Judge Stout stated that the Tribunal did not 'overegg' the case by supposing that permitting the claimants to continue working unvaccinated would have infringed residents’ right to life; rather, the appellate tribunal recorded that it had taken a 'realistic understanding' of the extent to which vaccination could have reduced risks to residents’ lives in that context. Care home workers Galina Dimitrova, Sammy‑Jo Chadwick, Joanna Hussain and a colleague identified only as G Masiero appealed after the Employment Tribunal in 2022 held that the care home’s objective of protecting residents by mandating vaccination outweighed workers’ rights under the European Convention on Human Rights, and all those appeals were then thereafter ultimately dismissed accordingly...

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