Claimant v East Lancashire Hospitals NHS Trust

Outcome

Facts

Claimant, a Band 6 Respiratory Physiologist employed since November 2018, held a protected philosophical belief in informed consent for medical treatment and decided not to have the Covid-19 vaccine. She was off sick from April 2021 following a brain injury. On her return to work in October 2021, during the period when mandatory Covid vaccination for NHS staff was proposed, she was told she would be treated as high risk, could not work in high-risk clinical areas, and might face redeployment or dismissal. After the Government withdrew mandatory vaccination in January 2022, the claimant returned to work but was assigned to the library for non-clinical work until March 2022, then returned to substantive duties but not to her previous role performing pulmonary function tests (PFTs).

Decision

The tribunal found that the claimant had been subject to less favourable treatment because of her protected belief during March 2022 when she was kept working in the library without substantive duties, with no explanation from managers. However, the claim was out of time and the tribunal declined to extend time on just and equitable grounds, noting the claimant gave no explanation for the 11-month delay and the respondent suffered forensic prejudice. All other allegations failed on their merits, as the tribunal found either no less favourable treatment or that treatment was not because of the claimant's belief but rather due to Government policy, health and safety risk assessments, or operational workforce needs.

Practical note

Legal authorities cited