In Allette v Scarsdale Grange Nursing Home Ltd, Mrs Allette was employed by Scarsdale Grange Nursing Home as a care assistant between 3 December 2007 until her dismissal on 1 February 2021. Despite widespread and devastating outbreaks of Covid-19 in care homes across the UK during 2020, the Home avoided any outbreaks from the start of the pandemic until December 2020.
In December 2020 the government announced the roll out of the Covid-19 vaccine programme to nursing home residents and health workers to try to address the particular vulnerability of that sector. Scarsdale Grange made arrangements for staff to have their first vaccination against Covid-19 on 22 December 2020.
However, the Home was unfortunately hit with an outbreak of Covid-19 in the days before the vaccines were due to be administered. This resulted in 33 staff and 22 residents contracting the illness in the course of 10 days. Around half the staff were required to self-isolate and there were a number of deaths among the residents. Mrs Allette was one of the staff who contracted the illness and was required to self-isolate, so was absent from the Home during the height of the outbreak. The planned vaccinations on 22 December 2020 were cancelled by reason of the outbreak.
Following the outbreak at the Home the vaccinations were rescheduled. It is agreed that there is nothing in the contract of employment which expressly requires Mrs Alette to have vaccinations nor in the disciplinary policy concerning vaccine refusal. Mrs Allette was disciplined for refusing to take up the vaccination. At the hearing she referred to being Rastafarian and said her religious beliefs prevented her from being vaccinated. She had not mentioned these beliefs prior to the hearing.
Mrs Allette was summarily dismissed for gross misconduct on the grounds she had failed to follow the reasonable management instruction to be vaccinated. She appealed unsuccessfully against her dismissal and subsequently brought claims for unfair and wrongful dismissal.
The Tribunal rejected the claims. The Tribunal found the dismissal was fair and that Scarsdale Grange did not breach the claimant’s contract of employment.
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