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.