The Workers of England Union represented the claimant, MR M. Trotman against his former employer ‘The Royal Star & Garter Homes’
Mr Trotman was unfairly dismissed by the Respondents on 23rd December 2021
There was no legislation in place which mandated that Mr Trotman had to have the Covid 19 vaccine or provide an exemption certificate at the time of his dismissal on 23rd December 2021, the legislations were not due to come into force until 1st April 2022.
The employer rejected the WEU exemption certificate issued on behalf of Mr Trotman, and Mr Trotman’s self certification, both of which were allowed under the legislation, but insisted he had to follow the NHS exemption route, something that was not in the legislation.
The Judge highlighted that the company had clearly not understood the differences between Statutory law, Secondary legislation, Case law, and Government guidance, although the differences were something the WEU reps were consistently having to inform employers about, and it is something the Judge felt also needed pointing out.
The judgement also highlighted the company’s severe failings in no formal disciplinary process was followed, and no fair and impartial process conducted in Mr Trotman’s subsequent appeal.
This case could assist other claimants in their ‘unfair dismissal’ claims where the employer has relied upon The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus)
Regulations 2021 as the sole reason for dismissal as it never came in to force.