Dismissed for requesting to shield: a clinically extremely vulnerable employee wins unfair dismissal claim

When shielding becomes a reason to dismiss

This case shows what can happen when an employer fails to take seriously an employee's health concerns during a pandemic. The claimant, an Employee Relations Advisor with just six weeks' service, had Asplenia and Ehlers Danlos Syndrome, making her clinically extremely vulnerable to COVID-19. When she received a government shielding letter and asked to work from home, her employer dismissed her within days, citing poor performance.

The tribunal found that the performance concerns were a pretext. The real reason was the claimant's inability to work from the office due to her disability. The employer had not followed its own probation policy and had not considered any reasonable adjustments, such as working from home full-time.

What the employer could have done differently

The employer could have engaged with the claimant's request, explored temporary homeworking, and followed a fair process. Instead, it rushed to dismissal without considering the legal protections for disabled employees and those facing serious and imminent danger. The tribunal noted that the employer's appeal process also failed to address the real issues.

Why this matters for similar claims

This decision reinforces that employees with less than two years' service can still bring automatic unfair dismissal claims on health and safety grounds. It also highlights that disability discrimination claims can succeed even where the employer disputes the disability, provided the employee can show they were treated unfavourably because of something arising from their disability. For anyone in a similar position, documenting requests for adjustments and keeping records of communications is crucial.