Gardener dismissed for refusing COVID-19 test wins unfair dismissal and disability discrimination claim
A part-time gardener with anxiety was unfairly dismissed after refusing to take COVID-19 tests. The tribunal awarded £27,605.13 in damages.
1 min read · Last updated 18 May 2026
Case details
- #disability-discrimination
- #unfair-dismissal
- #covid-19-testing
- #reasonable-adjustments
- #anxiety
- #gardener
Key facts
- The claimant was employed as a gardener from 16 September 2016 until dismissal on 23 April 2021.
- She suffered from anxiety and depression, which was known to the respondent from her initial interview.
- She refused to take covid-19 tests due to severe anxiety, which caused panic attacks.
- The respondent issued a final written warning and later dismissed her for capability due to her refusal to test.
- The tribunal found the respondent failed to make reasonable adjustments and discriminated against her.
- The dismissal was unfair and discriminatory.
Timeline
-
Employment started
Claimant began working as a carer, later became a gardener.
-
First PCR test
Claimant took a PCR test which triggered anxiety.
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First refusal to test
Claimant refused a swab test, believing it was optional.
-
Disciplinary hearing
Hearing chaired by Ms Martinez regarding refusal to test.
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Final written warning
Claimant issued with final written warning for refusing to test.
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Attempted test and panic attack
Claimant attempted to test but had a panic attack and was sent home.
-
Capability meeting
Meeting with Ms Martinez where dismissal was discussed.
-
Dismissal
Claimant dismissed on grounds of capability (ill health).
-
Appeal dismissed
Appeal against dismissal rejected by Amanda Bell.
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Remedy hearing
Tribunal awarded £27,605.13 in damages and costs.
The legal issue
The tribunal had to decide whether the claimant's dismissal for refusing to take COVID-19 tests was unfair and whether the respondent failed to make reasonable adjustments and discriminated against her due to her disability (anxiety).
The outcome
The tribunal upheld the gardener's claims for unfair dismissal, discriminatory dismissal, and failure to make reasonable adjustments.
Key reasons:
- The employer knew about the gardener's anxiety from the start of her employment.
- The employer did not consider reasonable adjustments, such as allowing her to work in areas without resident contact or testing alternatives.
- The final written warning and dismissal were discriminatory.
Compensation breakdown:
- Basic award: £746.04
- Compensatory award: £3,240.36
- Total damages: £27,605.13 (includes other heads of loss)
Lessons & takeaways
- Employers must consider reasonable adjustments for disabled employees, even during a pandemic.
- A blanket policy requiring testing may be discriminatory if it fails to accommodate individual disabilities.
- Employees with known mental health conditions should not be disciplined for symptoms of their disability without exploring alternatives.
- Long service is not required to succeed in a disability discrimination claim if the employer knew of the disability.
A gardener's anxiety led to dismissal
A part-time gardener with 4.5 years' service was dismissed by Care UK Community Partnerships Limited after she refused to take COVID-19 tests due to severe anxiety. The tribunal found that the employer knew about her anxiety from her initial interview, yet failed to make reasonable adjustments.
What the employer could have done differently
The employer could have considered alternatives, such as allowing the gardener to work in areas without resident contact or using different testing methods. Instead, it issued a final written warning and later dismissed her on capability grounds. The tribunal noted that the employer's response was disproportionate and discriminatory.
Why this matters
This case highlights that even during a public health crisis, employers must balance safety requirements with their duties under the Equality Act 2010. A failure to consider reasonable adjustments can lead to findings of unfair dismissal and disability discrimination, with significant compensation awards.
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