Mr C O Flynn v Turning Point — 2019

The claimant was summarily dismissed for gross misconduct after attending the workplace while suffering from impetigo, which he had told colleagues was highly contagious. The respondent's dismissal letter identified the principal reason as the claimant returning to the workplace after being told not to attend without confirmation from his doctor that he was fit to work.

The Tribunal found that the respondent dismissed the claimant for a potentially fair conduct reason under section 98 ERA 1996. It accepted that the respondent had a genuine belief in the conduct complained of, sustained after a reasonable and thorough investigation, and that it was reasonable to take steps to protect colleagues and service users from infection.

The Tribunal also considered the claimant's complaints about the investigation and alleged inconsistent treatment of colleagues who later contracted impetigo. It found no evidence that other matters influenced the respondent's decision and concluded that dismissal fell within the range of reasonable responses of a reasonable employer.