Dismissed for refusing Covid vaccine: employer failed to consider role modifications

When a vaccination policy leads to dismissal

This case highlights the importance of employers properly considering alternatives before dismissing an employee who refuses to be vaccinated against Covid-19. The claimant, a team lead in wheelchair tennis with four years' service, was dismissed after she declined to get the vaccine. Her employer, ITF Licensing (UK) Ltd, had introduced a policy requiring double vaccination for international travel, which was a key part of her role.

However, the tribunal found that the employer had not adequately explored whether her duties could be modified. Colleagues had offered to cover her international travel, but this option was not properly considered. The tribunal noted that the employer's process was flawed because it did not engage with the possibility of adjustments before deciding that dismissal was the only option.

What the employer could have done differently

The employer could have avoided an unfair dismissal finding by taking a more flexible approach. Instead of treating the vaccination policy as an absolute requirement, it could have considered whether the claimant could continue in her role without travelling, or whether temporary adjustments could be made. The fact that colleagues were willing to cover her travel duties was a significant factor that the employer failed to weigh properly.

Why this matters for similar claims

This case serves as a reminder that even where an employer has a legitimate business reason for a vaccination policy, it must still follow a fair process. The duty to consider alternatives is particularly strong where the employee has a long service record and has performed well. For employees facing similar situations, the key takeaway is that an employer's failure to explore reasonable modifications can make a dismissal unfair, even if the underlying reason for dismissal is potentially valid.