Attending work with Covid-19 symptoms: gross misconduct dismissal upheld
A security officer with 10 years' service was fairly dismissed after attending work with a cough and later testing positive for Covid-19. The tribunal upheld the employer's decision, finding the investigation and disciplinary process were reasonable.
1 min read · Last updated 18 May 2026
Case details
- #covid-19-symptoms
- #attending-work-while-symptomatic
- #health-and-safety-breach
- #summary-dismissal
- #investigation-adequacy
- #witness-credibility
Key facts
- The claimant attended work on 18 September 2020 with mild Covid-19 symptoms including a cough.
- The claimant had been aware of the respondent's health and safety policies regarding Covid-19 symptoms.
- The respondent carried out an investigation and disciplinary process before dismissing the claimant.
- The claimant's colleagues reported that she was coughing and appeared unwell on 18 September 2020.
- The claimant's own initial account to the investigator acknowledged a dry cough.
- The claimant's subsequent denials were found inconsistent and not credible.
Timeline
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Onset of symptoms
The claimant began feeling unwell the night of 17 September 2020, with symptoms including a cough and fever.
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Attended work with symptoms
The claimant attended work at 7:30 am. During the day, colleagues observed her coughing and she reported feeling unwell. She was taken to the first-aid room and sent home after a paramedic found a high temperature.
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Positive Covid-19 test
The claimant tested positive for Covid-19 and self-isolated until 27 September 2020.
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Investigation requested
The respondent's audit and compliance team requested an investigation into why the claimant attended work with symptoms.
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First investigation meeting
Mr Ismail interviewed the claimant, who initially said she had a dry cough and dry throat.
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Second investigation meeting
The claimant denied having any cough on 18 September, contradicting her earlier account.
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Investigation summary
Mr Ismail concluded there was sufficient evidence of gross misconduct.
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First disciplinary hearing
The disciplinary hearing was adjourned to obtain statements from two witnesses requested by the claimant.
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Reconvened disciplinary hearing
Mr Connelly heard evidence from the additional witnesses and the claimant.
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Summary dismissal
Mr Connelly found the gross misconduct allegation proven and summarily dismissed the claimant.
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Appeal hearing
Mr Taskin heard the claimant's appeal and upheld the dismissal.
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Appeal outcome
Mr Taskin confirmed the dismissal was upheld.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing the claimant for gross misconduct by attending work with Covid-19 symptoms, and whether the claimant was in repudiatory breach of contract for wrongful dismissal.
The outcome
The tribunal dismissed both the unfair dismissal and wrongful dismissal claims.
The key reasons were:
- The employer carried out a reasonable investigation, including interviewing the claimant and witnesses, and considering the claimant's initial admission of a dry cough.
- The employer genuinely believed the claimant had breached health and safety policies by attending work with symptoms.
- Dismissal was within the range of reasonable responses for a gross misconduct finding.
- The claimant's inconsistent accounts undermined her credibility.
No compensation was awarded as the claims were unsuccessful.
Lessons & takeaways
- Employers should conduct a thorough investigation, including interviewing relevant witnesses and giving the employee an opportunity to respond, to support a fair dismissal.
- Employees should follow health and safety policies, especially during a pandemic, as attending work with symptoms can be treated as gross misconduct.
- Inconsistent accounts from an employee can weaken their credibility and make it harder to challenge a dismissal.
- A fair disciplinary process, including an appeal, can help an employer defend against an unfair dismissal claim.
What this case shows in practice
This case highlights the importance of following health and safety protocols, particularly during a pandemic. The security officer, who had worked for the company for 10 years, attended work with a mild cough and later tested positive for Covid-19. Her colleagues reported her symptoms, and the employer investigated promptly. The claimant initially admitted to having a dry cough but later denied it, which the tribunal found inconsistent and not credible.
What the employer did right
The employer conducted a reasonable investigation, interviewing the claimant and witnesses, and adjourned the disciplinary hearing to obtain additional witness statements requested by the claimant. The decision-maker considered all evidence and concluded that attending work with Covid-19 symptoms was a serious breach of health and safety rules. The dismissal was upheld on appeal. The tribunal found that the employer had a genuine belief in the misconduct and that dismissal was within the range of reasonable responses.
Why this matters for similar claims
This case shows that employers can fairly dismiss employees for gross misconduct if they follow a proper process and have reasonable grounds for their belief. Employees should be aware that attending work with symptoms of a contagious illness can have serious consequences, even if they later recover. The tribunal's focus on the reasonableness of the investigation and the employee's credibility reinforces the need for clear policies and consistent communication.
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