Covid vaccine refusal claims struck out after claimants fail to attend hearing
Two former employees of North East Autism Society who refused the Covid-19 vaccine had their unfair dismissal and discrimination claims struck out after failing to attend a preliminary hearing and comply with tribunal orders.
1 min read · Last updated 19 May 2026
Case details
- #covid-19-vaccine
- #care-home-worker
- #non-attendance
- #strike-out
- #philosophical-belief
- #disability-discrimination
Key facts
- Both claimants were employed by North East Autism Society and required to take the Covid-19 vaccine due to government regulations.
- They refused the vaccine and were dismissed.
- The claimants failed to attend the preliminary hearing on 15 September 2022.
- They had previously failed to comply with tribunal orders to provide further information about their philosophical belief and disability.
- The tribunal found that none of the claims had any reasonable prospect of success.
- Applications for reconsideration were refused.
Timeline
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Preliminary hearing
The tribunal ordered the claimants to provide further information about their philosophical belief and disability impact statement by 15 July 2022.
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Deadline for compliance
The claimants failed to comply with the tribunal's orders.
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Strike out warning
Judge Sweeney issued a strike out warning.
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Second strike out warning
Judge Jeram issued another strike out warning.
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Claimants provide statements
The claimants provided disability impact statements and philosophical belief statements, but the tribunal found them inadequate.
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Preliminary hearing by telephone
The claimants and their representative did not attend the hearing. The tribunal struck out all claims.
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Judgment promulgated
The judgment dismissing all claims was sent to the parties.
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New solicitors instructed
Messrs Tilbrook's informed the tribunal they were instructed by the claimants.
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Application for reconsideration
The claimants applied for reconsideration, claiming they had tried to join the hearing but were unable.
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Reconsideration hearing
Employment Judge Johnson refused the application for reconsideration.
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Reconsideration judgment
The judgment refusing reconsideration was promulgated.
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Final judgment on reconsideration
A further application for reconsideration was refused.
The legal issue
The tribunal had to decide whether to strike out claims of unfair dismissal, disability discrimination, and religion/belief discrimination due to the claimants' non-attendance at a preliminary hearing, failure to comply with tribunal orders, and the apparent lack of merit in the claims.
The outcome
The tribunal dismissed all claims from both former employees. The key reasons were:
- The claimants failed to attend the preliminary hearing on 15 September 2022 without explanation.
- They had not complied with earlier orders to provide further information about their philosophical belief or disability impact statements.
- The tribunal found that the disability discrimination claim had no reasonable prospect of success because the alleged disability arose after dismissal.
- The philosophical belief claims were not properly identified and did not meet the legal criteria.
No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Always attend tribunal hearings or arrange for representation, as failure to attend can lead to your case being struck out.
- Comply with tribunal orders by the deadlines given, or seek an extension if needed; non-compliance can result in strike out warnings and eventual dismissal.
- To bring a philosophical belief discrimination claim, you must clearly identify a belief that meets specific legal criteria, such as being genuinely held and concerning a weighty aspect of human life.
- Disability discrimination claims require the disability to exist at the time of the alleged discrimination, not after the event.
What this case shows in practice
This case illustrates the importance of engaging with the tribunal process. Two former employees of North East Autism Society were dismissed after refusing the Covid-19 vaccine, which was required by government regulations for care home workers. They brought claims for unfair dismissal, disability discrimination, and discrimination based on philosophical belief. However, the tribunal struck out all their claims before they could be heard on their merits.
The claimants failed to attend a preliminary hearing by telephone, despite proper notice being sent to their union representative. They also did not comply with earlier orders to provide details about their philosophical belief or a disability impact statement. When they eventually provided statements, the tribunal found them inadequate: the disability claim was based on a condition that developed after dismissal, and the philosophical belief was not properly identified.
What the losing side could have done differently
The claimants could have attended the hearing or arranged for their representative to attend. They could also have complied with the tribunal's orders to provide the required information, or sought more time if needed. By failing to engage, they lost the chance to argue their case.
Why the result matters for similar claims
This case serves as a warning that tribunals will not tolerate non-compliance or non-attendance. Even if a claim has potential merit, procedural failures can lead to strike out. It also highlights the high bar for philosophical belief and disability discrimination claims: the belief must meet strict criteria, and the disability must exist at the time of the alleged discrimination.
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