Two Yorkshire care home workers sacked for refusing to have Covid-19 vaccine lose employment tribunal

Care assistant Sammy-Jo Chadwick and deputy manager Galina Dimitrova, a registered nurse, were both dismissed from their jobs at Barchester Healthcare’s Castle Park residential home complex when they did not comply with their employer’s newly-introduced requirement to be vaccinated in order to protect patients.

They claimed unfair dismissal but lost an employment tribunal held in Leeds last month, the outcome of which has just been published.

Neither woman had a medical exemption against being vaccinated and both told managers that they ‘did not trust’ the jab.

Miss Chadwick had worked at Castle Park in Hull since 2014, caring mainly for people with complex needs, learning disabilities and brain injuries. In a meeting in the spring of 2021 over her refusal, she told her manager that she was concerned that the jab was experimental and that its long-term effects were unknown. She had already had Covid herself at this point and also stated she believed her antibodies would offer some protection. The management offered Miss Chadwick the chance to speak to a medical expert, but she declined and said she could find out whatever information she wanted by herself.

Her employment was terminated in June following a final meeting in which she said she said she wanted the company to sign papers saying they would be liable if she suffered any side-effects from the jab.

Miss Chadwick appealed on the grounds that she had a family history of blood clots, but her dismissal was upheld as she had not mentioned any medical condition earlier in the process and was unable to provide evidence from her GP because she claimed she could not get an appointment. It was felt she could not be redeployed within the care complex because all the roles her skills were suitable for, such as working in the kitchens or laundry, required vaccination.

Galina Dimitrova had worked at Castle Park since 2004, working her way up to deputy manager by 2019. During her meetings, she said she believed in vaccination in general, but felt the Covid jab was experimental and needed further testing. She said believed it was still at a trial stage, despite having been approved by medical authorities by this point. She also submitted an appeal and claimed to have a hearing condition, but she was not receiving treatment for this and it was deemed not sufficient to grant a medical exemption for.

The tribunal concluded: “In accordance with policy itself, they were neither vaccinated nor medically exempt. The reason for dismissal was genuine and substantial and one which could justify dismissal of care home workers as a potentially fair reason. The tribunal has been clear from the outset that it is not its role to assess the dangers of Covid, nor the effectiveness or safety of any Covid vaccine.

"The dismissals of the claimants do not arise out of the Health and Social Care Act 2008 (Amendment) Coronavirus Regulations 2021 which came into force only on 11 November 2021, after these claimants had already left therespondent’s employment. The respondent effectively pre-empted those regulations with its own earlier policy decision of similar effect.”