Porter dismissed for refusing health screening: employer's decision upheld

When a health requirement becomes a dismissal risk

This case shows how a long-serving employee who refused to comply with a workplace health screening policy lost his unfair dismissal claim. The porter, who had worked at the hospital for many years and transferred to Serco under TUPE in 2017, was dismissed in July 2020 after refusing blood tests and vaccinations required by the hospital trust. The trust had identified that hundreds of staff had no occupational health records, and during the COVID-19 pandemic it insisted that all staff with patient contact be cleared.

The porter attended two OH appointments but refused the tests on religious grounds, providing a notarised 'freeman' document. Serco warned him that he could not work without clearance and that his job was at risk. At the disciplinary hearing he said he would think about vaccinations, but the decision to dismiss was made. At the appeal he offered to undergo the tests, but the appeal was rejected.

What the employer did right

The tribunal found that Serco had a genuine belief in the porter's refusal, based on the OH records and his own statements. The requirement was contractual, applied to all staff, and was driven by patient safety. The employer considered alternative roles but found none without patient contact. The dismissal was for 'some other substantial reason' (SOSR) – a refusal to comply with a reasonable and lawful instruction – and the process was fair.

Why the result matters

This case reinforces that employers can insist on health screening where it is a contractual or policy requirement linked to safety, especially in healthcare settings. Employees who refuse on religious or personal grounds may still be fairly dismissed if no alternative work is available. Changing position at the appeal stage does not necessarily make the original decision unreasonable. For employees, the key lesson is that a refusal to comply with a clear workplace requirement – even if based on personal beliefs – can have serious consequences, and it is better to raise concerns early and seek accommodations before a dismissal decision is made.