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In mid-December, the Workers of England Union (“WEU”) announced that an assistant in an English care home won his unfair dismissal case in an employment tribunal for refusing to get a covid vaccine.

After working for The Royal Star & Garter Homes (“RSGH”) for two and half years, Maurice Trotman was dismissed on 23 December 2021 for not being fully vaccinated or providing certification of a medical exemption.

RSGH is a charity which provides care for veterans and their partners who live with disability or dementia.  The charity runs three homes in England; one in Solihull, a second in Surbiton and the third in High Wycombe.

In July 2021, the UK Parliament passed regulations requiring that all care home staff be fully vaccinated or provide proof of exemption.  In September 2021, the regulations were updated to allow employees to self-certify that they were medically exempt from vaccination.  Although RSGH were aware of this update, they did not refer to this option when communicating with Trotman.  He provided an exemption certificate from his workers’ union, WEU, on 7 November which RSGH rejected. 

The next day, on 8 November, the Government extended the original deadline to be fully vaccinated or provide an exemption certificate from 11 November to 1 April 2022.  Despite the extended deadline, RSGH dismissed Trotman for failure to provide proof of vaccination or exemption.

“There was no legislation in place which mandated that Mr. Trotman had to have the covid-19 vaccine or provide an exemption certificate at the time of his dismissal on 23 December 2021, the legislations were not due to come into force until 1 April 2022,” WEU said.

“The employer rejected the WEU exemption certificate issued on behalf of Mr Trotman, and Mr Trotman’s self-certification, both of which were allowed under the legislation, but insisted he had to follow the NHS exemption route, something that was not in the legislation.”

The Judge highlighted that RSGH had clearly not understood the differences between Statutory law, Secondary legislation, Case law and government guidance.

Trotman was awarded £12,138 with any taxes due to be paid by RSGH.

“This case could assist other claimants in their ‘unfair dismissal’ claims where the employer has relied upon The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 as the sole reason for dismissal, as it never came in to force,” WEU said.

Read more: WEU wins Unfair Dismissal case for Care Worker who refused Covid 19 ‘Vaccine’, Workers of England Union, 11 December 2023