Mr M Farnaby v Anchor Hanover Group — 2022

The claimant was employed as a Care Assistant in a care home and was dismissed after he did not provide vaccination evidence or the respondent's self-certification medical exemption form before the statutory vaccination requirements for care homes took effect. The tribunal found that the respondent's reason for dismissal was its genuine belief, reinforced by HR advice, that continuing to employ him without that form after 11 November 2021 would be illegal.

The tribunal found that the respondent had established a potentially fair reason under section 98(2)(d) ERA, because allowing the claimant to enter the care home without evidence satisfying the respondent of vaccination or clinical exemption would have contravened the amended regulations. In the alternative, the tribunal found that any mistaken belief would have been a reasonable belief amounting to some other substantial reason under section 98(1)(b) ERA.

On reasonableness, the tribunal found that the respondent had explored alternative roles, followed changing government guidance, conducted consultation, dismissal and appeal meetings reasonably, and was entitled to treat the claimant's union certificate and earlier medical evidence as insufficient. It rejected allegations that the respondent's conduct was intimidating, bullying or coercive, and concluded that the dismissal and process were within the band of reasonable responses.