Home care worker dismissed after sending abusive emails: breakdown claim upheld
A home care worker who sent abusive emails and refused to engage with her employer after less than six weeks' work was fairly dismissed for 'some other substantial reason'. The tribunal rejected all her claims.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #covid-19-shielding
- #refusal-to-engage
- #abusive-correspondence
- #furlough-dispute
- #disability-discrimination
Key facts
- The claimant was employed as a carer from 1 February 2020 until dismissal on 21 June 2021.
- She worked less than 6 weeks before going off sick on 20 March 2020 due to the Covid-19 pandemic.
- The claimant was furloughed from April 2020 to 31 July 2020; furlough pay was then stopped.
- The claimant provided fit notes citing bereavement from August to November 2020.
- The claimant refused to engage with the respondent's requests for meetings and risk assessments.
- The claimant sent abusive and threatening emails to the respondent, leading to a breakdown in the employment relationship.
Timeline
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Employment started
Claimant began work as a carer for Joy2Care Ltd.
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Went off sick
Claimant stopped work due to the Covid-19 pandemic and never returned.
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GP shielding letter
Claimant's GP wrote a letter stating she was at higher risk due to asthma.
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Furlough started
Claimant was placed on furlough with pay.
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Telephone meeting
Claimant spoke with Mr Farrell; furlough extended to 31 July 2020.
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Letter about return to work
Respondent wrote that shielding was being paused and expected claimant to return on 1 August 2020.
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Phone call about bereavement
Claimant called to say she would not return due to her mother's death.
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Fit note for bereavement
Claimant submitted a fit note citing bereavement for 3 weeks.
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First mention of shielding
Claimant emailed stating she was in the clinically extremely vulnerable category.
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Provided shielding letter
Claimant provided a scan of part of a shielding letter dated 29 September 2020.
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Dismissal
Claimant was dismissed due to an irreconcilable breakdown in the employment relationship.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed, subjected to detriments, or discriminated against because of disability, in connection with her absence from work and the respondent's handling of her requests to shield and be furloughed.
The outcome
The tribunal dismissed all claims.
- The claimant was employed for less than two years, so only automatic unfair dismissal claims were possible. The tribunal found no evidence that the dismissal was for a protected reason (e.g., health and safety or disability).
- The claimant's abusive emails and refusal to engage with the respondent's reasonable requests for meetings and risk assessments led to an irreconcilable breakdown, which was a 'some other substantial reason' for dismissal.
- The disability discrimination claims failed because the claimant did not establish that she was disabled under the Equality Act 2010, and even if she were, the respondent's actions were justified.
Lessons & takeaways
- If you have less than two years' service, you can only claim unfair dismissal for certain automatic reasons, such as whistleblowing or discrimination.
- Sending abusive or threatening emails to your employer can justify dismissal for 'some other substantial reason' due to breakdown of trust.
- Refusing to engage with your employer's reasonable requests for meetings or risk assessments can undermine your claim that you were treated unfairly.
- To bring a disability discrimination claim, you must provide medical evidence that you meet the legal definition of disability under the Equality Act 2010.
A short-lived job that ended in acrimony
The claimant started work as a home care worker in February 2020 but was off sick from March due to the Covid-19 pandemic, working less than six weeks in total. After a period of furlough, the respondent asked her to return to work in August 2020. Instead, the claimant submitted fit notes for bereavement and later claimed she needed to shield due to asthma. However, she refused to attend meetings or provide full medical evidence, and sent abusive emails to the respondent, including threats.
What the employer did right
The respondent repeatedly offered to discuss the claimant's concerns, arrange risk assessments, and consider furlough extensions. When the claimant failed to engage and sent abusive correspondence, the respondent concluded that the employment relationship had broken down irretrievably. The tribunal accepted that this was a fair reason for dismissal, as the respondent had acted reasonably in the circumstances.
Why the result matters
This case shows that employees with short service have limited protection against unfair dismissal. It also highlights that employers can rely on a breakdown in trust and confidence as a fair reason for dismissal, provided they have tried to resolve the situation. For employees, it is a reminder that aggressive communication and refusal to cooperate can backfire, even if you believe you have legitimate concerns about your health or safety.
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