N Wood v Securitas Security Services (UK) Limited — 2022

The claimant, a security officer at the National Gallery, was summarily dismissed after the respondent concluded she attended work on 18 September 2020 with Covid-19 symptoms. The tribunal found that the investigation, including interviews with the claimant and colleagues who had been in contact with her, was reasonable. It also found that any omission in not interviewing two named witnesses during the investigation was rectified during the disciplinary process.

For unfair dismissal, the tribunal held that the respondent had formed a genuine belief, on reasonable grounds, that the claimant attended work with a cough and was aware of symptoms from the night before. It accepted that the respondent considered the claimant's length of service and clean disciplinary record, but found that dismissal fell within the reasonable range of responses given the pandemic context and health and safety risks.

For wrongful dismissal, the tribunal assessed what had actually happened on the balance of probabilities. It found the claimant was not a credible witness on the relevant factual issues and concluded that she had attended work with mild Covid-19 symptoms, breaching the respondent's health and safety procedures and the duty of trust and confidence. Both claims were dismissed, and no remedy hearing was required.