health personnel who refuse covid prick he can be fired, a court ruled.
An employment tribunal has decided nursing home heads acted fairly when they fired several staff members for refusing the Covid jab.
In what is believed to be the first published case of its kind, the labor judge dismissed the unfair dismissal claims, saying the home had fired unvaccinated staff to protect clinically vulnerable lives.
Barchester Healthcare, one of Britain’s largest healthcare providers, fired five healthcare workers for decrease in vaccines against covid-19 without any medical exemption.
The nurse, the laundry worker and three care assistants argued that they should not have lost their jobs for refusing to comply with the company’s vaccination schedule, saying they refused the vaccine because of their spiritual and philosophical beliefs.
But the employment tribunal, held in Leeds, ruled that the workers, one of whom believes “God will protect her” from the coronavirus, had not been sacked without good reason.
It decided that the health care company had a “legitimate objective” to “minimize the risk of death and serious illness” among residents and staff, and that such a measure was “necessary in a democratic society.”
‘Minimize the risk of death’
Labor judge Neil Maidment said: “[Barchester Healthcare] he sought to minimize the risk of death, placing genuine value on saving the life of any resident.
“Any contrary attitude on the part of a home care provider could have been considered disruptive.”
Judge Maidment acknowledged that the reason for firing the workers, while “unusual”, was “genuine and substantial” and said the company “believed that its policy (subject to medical exemption) to only employ vaccinated home care staff would save lives”. .
He said: “The court concludes that any interference in human rights in the circumstances of this case it was proportionate.”
Barchester Healthcare operates more than 250 nursing homes and seven registered hospitals across the country, employing more than 17,000 employees at locations that offer nursing and residential care.
The audience was told that the care provider considered it a “privilege” for staff to be vaccinated before others in the general population.
At the time, Pete Calveley, CEO, made an announcement to staff saying that getting the vaccine and protecting vulnerable nursing home residents was part of a “moral and ethical duty to do the right thing.”
Justice Maidment said: “[Barchester Healthcare] of course he never proposed, for example, vaccination by force.
“During the introduction of the policy, he strove to reaffirm that he recognized that vaccinations could not be compulsory, that vaccination was an individual’s choice, that consent had to be freely given, and that consent for future vaccinations could be withdrawn at any time. . scenery.
‘A free choice’
“Vaccination was not at this time ordained by lawbut the vaccination was not physically forced on any of the claimants.
“While they wouldn’t have judged it a free choice given the obvious implications of a job loss, it was an option they had.”
In 2020, more than 10 percent of the total number of Barchester Healthcare residents died with a recorded cause of covid. Six staff members also died from causes attributed to Covid.
Among those calling for wrongful dismissal was Ilona Motiejuniene, who provided personal care to residents living in a house in Dagenham, east London.
The court heard that she told bosses she was “100 percent protected” from Covid as God “created the immune system in a perfect way.”
Another care assistant, Giorgia Masiero, who worked in Brentwood, Essex, refused the vaccine because she believed that “her body and her immune system could fight off any virus,” the court heard.
Laundry attendant Joanna Hussain, who worked in Derby, refused the vaccine on the grounds of “various allergies” and because she claimed her Muslim faith said “killing was forbidden and the vaccine contained fetuses”.
Galina Dimitrova, a registered nurse and assistant manager in Hull, “considered the vaccines experimental,” while Sammy-jo Chadwick, a home-based aide who cares for residents with complex needs and learning disabilities, said she had no confidence in the vaccine. . .
The court dismissed all claims of unfair dismissal. Ms. Hussain’s and Ms. Motiejuniene’s claims of direct and indirect discrimination based on religion and belief also failed, as did Ms. Motiejuniene’s claim of harassment related to religion and belief.
