Dismissed for refusing to work from home during Covid: a conduct decision that went too far

What this case shows

This case highlights the tension between an employer's legitimate health and safety measures during the pandemic and an employee's individual needs. The claimant, a customer service advisor with Ménière's disease, could not wear a cloth face mask and used a face shield instead. When the employer banned face shields, the claimant refused to work from home, partly because she wanted respite from caring for her husband. The employer dismissed her for gross misconduct.

The tribunal found the dismissal unfair because the employer's policy was applied without discretion. The employer could have considered alternatives, such as allowing the claimant to continue using a face shield or working from home. However, the claimant's refusal to work from home was unreasonable, and her husband's critical social media posts, which she endorsed, contributed to the breakdown of trust.

What the employer could have done differently

The employer could have avoided unfair dismissal by considering the claimant's individual circumstances. Instead of rigidly enforcing the face mask policy, it could have explored reasonable adjustments, such as allowing a face shield or temporary home working. The employer also could have handled the social media issue separately, rather than using it as part of the misconduct case.

Why this matters

This case reminds employers that policies must be applied flexibly, especially where disability is involved. It also shows that employees who refuse reasonable instructions may still win an unfair dismissal claim, but their compensation can be significantly reduced for contributory conduct. The 75% reduction here reflects the claimant's own role in her dismissal.