Furlough breach: dismissed for travelling abroad without permission
A general operative who flew to Slovakia while on furlough was fairly dismissed for gross misconduct, the tribunal has ruled.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a General Operative from 16 October 2014 until dismissal on 14 July 2020.
- The claimant went to Slovakia on 5 July 2020 without notifying or obtaining permission from the respondent.
- The claimant was on furlough and had agreed to be available for work at short notice.
- The respondent dismissed the claimant for gross misconduct after he failed to return to work when required due to quarantine rules.
- The claimant had a mental impairment (anxiety, depression, sleepwalking) that was a disability under the Equality Act 2010.
- The tribunal found no causal connection between the claimant's disability and his dismissal.
Timeline
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Employment commenced
Claimant started work as a General Operative at Amalga Ltd's Heathrow site.
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Sleepwalking episodes began
Claimant started experiencing sleepwalking episodes after working night shifts for three years.
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Unpaid leave for health concerns
Claimant requested and was granted two months' unpaid leave due to health concerns.
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Diagnosis in Slovakia
Claimant was diagnosed with light depression, generalized anxiety disorder, and response to heavy stress.
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Returned to work
Claimant returned to the UK and resumed work, completing a Health Questionnaire noting mental health issues.
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Furlough agreement offered
Respondent offered furlough due to COVID-19; claimant agreed on 27 March.
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Decision to go to Slovakia
Claimant's brother asked for help with their elderly parents; claimant decided to return to Slovakia.
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Travel to Slovakia
Claimant flew to Slovakia without notifying the respondent.
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First notification to respondent
Claimant emailed Mr Vost to inform him he was in Slovakia for family reasons.
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Disciplinary hearing
Claimant attended disciplinary hearing remotely; he admitted breaching furlough terms.
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Dismissal
Claimant was dismissed with immediate effect for gross misconduct.
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Appeal rejected
Appeal against dismissal was rejected by Mr Nick Walker.
The legal issue
The tribunal had to decide whether the dismissal for conduct was fair, whether the employee was wrongfully dismissed, and whether the dismissal amounted to disability discrimination.
The outcome
The tribunal dismissed all claims. It held that the reason for dismissal was conduct (breach of furlough terms by travelling abroad), and that dismissal was within the range of reasonable responses. The procedure was fair. The wrongful dismissal claim failed because the employee's breach was repudiatory. The disability discrimination claims failed because there was no causal link between the disability and the dismissal.
Lessons & takeaways
- Employees on furlough must comply with the terms of the agreement, including being available for work at short notice.
- Travelling abroad without permission during furlough can amount to gross misconduct justifying summary dismissal.
- Disability discrimination claims require a causal connection between the disability and the treatment; a disability alone is not enough.
- Employers should ensure they follow a fair disciplinary procedure, including giving the employee an opportunity to explain.
A costly trip home
A general operative with five years' service lost his job after flying to Slovakia while on furlough without telling his employer. The tribunal upheld the dismissal as fair, rejecting claims of unfair dismissal, wrongful dismissal, and disability discrimination.
The employee had agreed to be available for work at short notice during furlough. But on 5 July 2020, he travelled to Slovakia to help his elderly parents, only informing his employer three days later. When the employer required him to return, quarantine rules meant he could not work for 14 days. He was dismissed for gross misconduct.
What the employer did right
The employer carried out a disciplinary hearing (remotely) and considered the employee's explanation that he felt compelled to go due to family pressures. The tribunal noted that the employee admitted breaching the furlough terms. The appeal was also fairly considered. The employer had a genuine belief in the misconduct and dismissal was within the range of reasonable responses.
Why the discrimination claim failed
The employee had a disability (anxiety, depression, sleepwalking) but the tribunal found no evidence that his dismissal was because of that disability or something arising from it. The decision to travel was a personal choice, not linked to his mental health. The employer did not know about the sleepwalking, and there was no causal connection.
What this means for similar cases
This case shows that furlough agreements are not a holiday from work obligations. Employees who breach key terms — especially by making themselves unavailable — risk losing their jobs. For employers, it confirms that a fair process and a clear breach can justify dismissal even for a long-serving employee. Disability discrimination claims will fail unless the disability directly caused the conduct in question.
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