Community support worker dismissed after refusing PCR test: absence treated as unauthorised

A clash of beliefs and workplace rules

This case highlights the tension between an employee's religious beliefs and an employer's health and safety requirements during the pandemic. The claimant, a Rastafarian community support worker, refused to undergo PCR testing because he believed it would compromise his spiritual integrity. He travelled to the Netherlands in December 2020 and was unable to return to the UK without being tested. His employer, London Borough of Brent, stopped his pay and eventually dismissed him for prolonged absence.

What the employer did right

The tribunal found that the employer acted reasonably. It had a legitimate aim in requiring testing for staff working with vulnerable people. The employer engaged with the claimant, offered alternative roles, and held a disciplinary hearing and an appeal. The claimant did not attend either meeting. The dismissal was for a potentially fair reason – some other substantial reason – and the process was fair.

Why the claims failed

The claimant argued that the testing requirement indirectly discriminated against him as a Rastafarian. The tribunal disagreed, finding that the requirement was a proportionate means of achieving a legitimate aim. The unlawful deduction claim also failed because the employer was entitled to stop pay for unauthorised absence.

Lessons for employees and employers

For employees, this case shows that refusing to comply with a workplace policy, even on religious grounds, may not protect you from dismissal if the policy is justified. Attending hearings is crucial – absence can be seen as a lack of engagement. For employers, it demonstrates that a clear policy, consistent communication, and a fair process can defend a dismissal even in sensitive circumstances.