Dismissed over disputed Covid test results: unfair dismissal claim fails but wrongful dismissal succeeds
A former employee who was sacked for alleged dishonesty over a positive Covid-19 test in Cameroon lost his unfair dismissal claim but won £1,536.60 for wrongful dismissal. The tribunal found the dismissal was procedurally fair but the employer failed to give proper notice.
1 min read · Last updated 19 May 2026
Case details
- #covid-test
- #cameroon
- #public-interest-disclosure
- #race-discrimination
- #deposit-order
- #strike-out
Key facts
- The claimant was employed by Beechwood Property Services Ltd.
- The claimant tested positive for Covid-19 in Cameroon on 8 December 2021.
- The respondent questioned the authenticity of a second test result from 23 December 2021.
- The claimant was dismissed for alleged dishonesty regarding the test results.
- The claimant brought multiple claims including unfair dismissal, wrongful dismissal, and discrimination.
- The claimant failed to pay deposit orders for discrimination claims, leading to their strike out.
Timeline
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First claim presented
Claimant presented first claim form bringing claims of public interest disclosure detriment, health and safety detriment, and harassment related to race.
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Positive Covid test in Cameroon
Claimant informed respondent he had a positive Covid test while in Cameroon.
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Second Covid test
Claimant took a second Covid test in Cameroon, also positive, which respondent later questioned.
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Second claim presented
Claimant presented second claim form bringing claims of automatic unfair dismissal, ordinary unfair dismissal, and wrongful dismissal.
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Appeal against dismissal determined
Claimant's appeal against dismissal was determined.
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Third claim presented
Claimant presented third claim form bringing claims of further public interest disclosure detriment, direct race discrimination, harassment, and victimisation.
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Preliminary hearing
Employment Judge Manley held a preliminary hearing to consider strike out and deposit applications.
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Deposit orders sent
Deposit orders of £500 each for race discrimination, harassment, and victimisation claims were sent to claimant.
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Strike out of discrimination claims
Employment Judge Quill struck out discrimination claims due to non-payment of deposits.
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Final hearing (days 1-2)
Final hearing for unfair and wrongful dismissal claims began, with claimant represented by trade union representative.
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Final hearing (day 3) and judgment
Claimant represented himself; Employment Judge McNeill KC dismissed unfair dismissal claim but upheld wrongful dismissal claim, awarding £1,536.60.
The legal issue
The tribunal had to decide whether the employer acted reasonably in dismissing the employee for alleged dishonesty regarding a positive Covid-19 test, and whether the employee was entitled to notice pay.
The outcome
The tribunal dismissed the unfair dismissal claim, finding that the employer's decision to dismiss for dishonesty was within the range of reasonable responses. However, it upheld the wrongful dismissal claim because the employer failed to provide the contractual notice period.
Compensation:
- Total award: £1,536.60 (for wrongful dismissal only)
- No basic or compensatory award for unfair dismissal as the claim failed.
Lessons & takeaways
- Employers can dismiss for dishonesty if they genuinely believe the employee was dishonest, based on reasonable grounds after a reasonable investigation.
- Even if a dismissal is fair, failing to give contractual notice can still lead to a wrongful dismissal claim for unpaid notice pay.
- Bringing multiple weak claims can result in deposit orders and strike-outs, increasing costs and reducing the chances of success.
A dismissal over disputed test results
This case highlights how tribunals assess fairness in dismissals for alleged dishonesty. The employee, who worked for Beechwood Property Services Ltd, tested positive for Covid-19 while in Cameroon in December 2021. The employer questioned the authenticity of a second test result and dismissed him for dishonesty. The tribunal found that the employer's investigation and decision were reasonable, even if the employee disputed the findings.
What the employer did right
The employer carried out an investigation and gave the employee a chance to respond. The tribunal concluded that the employer genuinely believed the employee had been dishonest, and that belief was based on reasonable grounds. As a result, the unfair dismissal claim failed. However, the employer overlooked a key legal obligation: paying notice pay. The employee was entitled to contractual notice, and the failure to pay it meant the wrongful dismissal claim succeeded.
Lessons for similar cases
For employees, this case shows that even if you disagree with the reason for dismissal, the tribunal will focus on whether the employer acted reasonably. For employers, it is a reminder that a fair dismissal process does not remove the duty to pay notice. The relatively small award of £1,536.60 reflects the limited nature of the successful claim. The case also illustrates the risks of bringing multiple claims without strong evidence – the employee's discrimination and whistleblowing claims were struck out or required deposits, adding to the complexity and cost.
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