WEU Wins Unfair Dismissal Case for Care Worker

The Workers of England Union successfully represented care worker Mr M. Trotman, securing a ruling against The Royal Star & Garter Homes for unfair dismissal.

Case Overview

On 23^rd December 2021, Mr Trotman was dismissed after he refused the COVID-19 vaccine. At that time, no legal requirement existed to mandate vaccination or present an exemption certificate—legislation only came into effect on 1^st April 2022.

Legal Misunderstandings

The employer erroneously rejected both the WEU exemption certificate and Mr Trotman’s self-certification, demanding an NHS exemption route that was not legally required. The Tribunal Judge highlighted their failure to distinguish between statutory law, secondary legislation, and government guidance.

Procedural Deficiencies

The judgment also noted the absence of any formal disciplinary process and the lack of a fair appeal, underlining severe procedural unfairness.

Implications for Future Claims

This decision sets a valuable precedent for workers challenging dismissals under The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which were not in force at the time of Mr Trotman’s dismissal.

Read the full ruling and unlock key insights on unfair dismissal in our detailed article: WEU Wins Unfair Dismissal Case for Care Worker Who Refused COVID-19 Vaccine.

Explore how this care worker vaccine refusal case reaffirms employee rights and sets a robust precedent.