Mr Robert Stewart v ADS Unique Services LLP By CVP — 2024

Mr Robert Stewart was employed by ADS Unique Services LLP as a carer from 2 December 2018 and was dismissed with an effective date of termination of 10 November 2021 after the Covid-19 vaccination regulations for care homes came into force. The tribunal recorded that the Respondent informed staff of the statutory requirement on 10 August 2021, the Claimant replied on 21 September 2021 that he would not be vaccinated, and the Respondent then held meetings and considered his reasons, including whether there was any alternative work available.

On unfair dismissal, the tribunal accepted that the Respondent had a fair reason under section 98(2)(d) ERA 1996 because the Claimant could not continue to work in the care home without contravening a statutory restriction. It found the consultation process fair, accepted that the Respondent had explored redeployment and that no other roles were available, and noted that the Claimant did not appeal the dismissal. Applying the section 98(4) fairness assessment and the range of reasonable responses test, the tribunal concluded that the dismissal was fair because continuing to employ the Claimant would have left the Respondent open to enforcement action and possible prosecution.

On the religion or belief discrimination claim, the tribunal considered the case as including indirect discrimination even though the Claimant said he was not pursuing that type of claim. It found that the Claimant held strong and genuine views about vaccination, but those views changed over time and did not amount in law to a protected belief under the Grainger criteria. The tribunal also held that, even if the belief were protected and even if the Respondent knew of it, the vaccination requirement pursued the legitimate aims of complying with the law, safeguarding residents, and avoiding prosecution, and dismissal was a proportionate means of achieving those aims. The tribunal therefore dismissed all claims.