Ms Wendy Gilbert v Integrated Care 24 — 2021

Ms Wendy Gilbert resigned with immediate effect on 13 February 2020 after coronavirus-related concerns about working as a receptionist in patient-facing clinics. The tribunal recorded that she had raised the issue after a 10 February 2020 conversation with Tracy Wickham, during which she was told that if she did not attend her shift it may involve a disciplinary meeting. The parties agreed that unpaid holiday would be paid at £48.02, and that matter was not considered further.

The tribunal found that Integrated Care 24 Limited had circulated coronavirus alerts and updated guidance from late January 2020 onward, had advised staff where PPE was kept, and had procedures for isolation and infection control. It accepted the respondent's evidence that a call between Ms Gilbert and Jo Turner took place, and found that the reference to possible disciplinary proceedings was an advisory comment about a possible response to unauthorised absence, not a threat.

Applying constructive dismissal principles, the tribunal held that the respondent had not breached the implied term of trust and confidence and had not failed to provide a safe system of work. It found that the measures adopted were reasonable in the context of the knowledge and government guidance available in early February 2020, and that the claimant did not identify practical steps the respondent could have taken that would have changed her position.

The tribunal concluded that the real and sole reason for Ms Gilbert's resignation was her own view that the coronavirus situation was dangerous and that she did not wish to continue in a patient-facing role. On that basis, it found that any alleged breach was not an operative cause of the resignation and that the complaint of constructive unfair dismissal was not well-founded.