Case 1301560/2022 · Employment Tribunal
Mr S Stevens v Barchester Healthcare Ltd — 2025
- Case reference
- 1301560/2022
- Decision date
- 31 October 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Maidment Representation
- Venue
- Leeds
Parties
2 namedClaimant
Mr S Stevens
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's disability discrimination and unfair dismissal claims as having no reasonable prospect of success. It considered the claims against findings already made in sample cases concerning the respondent's Covid vaccination policy for care home staff, which had been upheld on appeal.
The tribunal recorded that the claimant was dismissed because he was not fully vaccinated and was not medically exempt. It found no basis on the material before it for saying that he should have received a clinical exemption, and concluded that any procedural arguments had no reasonable prospect of rendering the dismissal unfair in all the circumstances.
The claimant's application to amend his complaint to add a statutory redundancy payment claim was refused. The tribunal stated that there was no suggestion of closure, reduction of operations, or reduced need for employees in his role, and that he would have continued as head of maintenance had he been vaccinated.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The judgment states that the disability discrimination claim was struck out as having no reasonable prospect of success. | Struck out | Disability | — |
| Unfair dismissal | The judgment states that the unfair dismissal claim was struck out as having no reasonable prospect of success. | Struck out | — | — |
| Redundancy | The claimant sought to amend his complaint to add a statutory redundancy payment claim. The application to amend was refused, with the tribunal stating that any such claim had no merit because he was dismissed for being unvaccinated, not by reason of redundancy. | Dismissed | — | — |
Legal tests applied
6 references- Rule 38 of the Employment Tribunal Procedure Rules 2024
- no reasonable prospect of success
- Anayanwu v South Bank Students' Union and South Bank University [2001] IRLR 305
- Ahir v British Airways Plc [2017] EWCA Civ 1392
- Rule 40 of the Employment Tribunal Procedure Rules 2024
- little reasonable prospect of success
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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