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Hendersons - Barristers' Chambers
News Employment 18th Jan 2023

Jack Castle successful in Covid unfair dismissal

The Employment Tribunal has awarded a family therapist over £40,000 after being constructively dismissed for refusing to return to work at a private mental health hospital early in the Covid pandemic (Mrs A O’Mahony v Priory Healthcare Ltd, ET 2301852/2020).

The Tribunal found the pandemic represented circumstances of danger that Mrs O’Mahony reasonably believed to be serious and imminent due to the dangers Covid-19 posed to vulnerable patients and staff. She suggested she conduct therapy sessions remotely, but this was refused by hospital management who withheld her salary, conducted a flawed grievance process and then began an unlawful disciplinary process against her.

She succeeded in her claims in health and safety constructive dismissal and unlawful deduction of wages.

The case has been covered in the Evening Standard and Law360. Mrs O’Mahony was represented by Jack Castle.


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