Is “No Jab No Job?” unfair? The answer to that question is likely to depend on the nature of the job and the procedure adopted by the employer.
However in a claim brought by a nurse, 3 care assistants and a laundry assistant against Barchester Care Home, they argued that the policy to dismiss employees who were not vaccinated against Covid-19 and did not have a medical exemption during the pandemic was unfair.
The Tribunal held that Barchester’s reason for dismissal was a substantial one, that the processes were fair, the dismissals were fair and non-discriminatory.
The Tribunal’s decision might have been different if the members of staff were not working with medically vulnerable people. However, the decision hints that the Tribunals will accept decisions to dismiss for legitimate public health grounds.