Nuanced … but ... UK Care Home worker wins case for unfair dismissal for self-certifying exempt status from being vaxxed

From here:

UK care home worker who was fired for not being vaccinated wins unfair dismissal case – The Expose (expose-news.com)

“After working for The Royal Star & Garter Homes (“RSGH”) for two and half years, Maurice Trotman was dismissed on 23 December 2021 for not being fully vaccinated or providing certification of a medical exemption.”

Here’s the nuance:

“In July 2021, the UK Parliament passed regulations requiring that all care home staff be fully vaccinated or provide proof of exemption.”

Note the reference to care homes and “or provide proof of exemption”.

Then:

“In September 2021, the regulations were updated to allow employees to self-certify that they were medically exempt from vaccination.”

Self-certification for medical exemption. Interesting. How can a non-medic certify a medical exemption? Never mind,

Then:

“He provided an exemption certificate from his workers’ union, WEU, on 7 November which RSGH rejected.”

The union provided the medical exemption (self!) certificate?

“The next day, on 8 November, the Government extended the original deadline to be fully vaccinated or provide an exemption certificate from 11 November to 1 April 2022. “

Okay, so the self-certification for exemption from the vaxx was running on 7 November 2021 and was extended to April Fool’s Day 2022.

 Despite the extended deadline, RSGH dismissed Trotman for failure to provide proof of vaccination or exemption.”

Okay, self-certification “deadline” running at the time of dismissal.

Yje court (one judge?) found that in dismissing Maurice Trotman was unfairly dismissed “The Judge highlighted that RSGH had clearly not understood the differences between Statutory law, Secondary legislation, Case law and government guidance.”

I doubt that there are any employers that do, including the central and local Government bodies.

The UK’s massive white elephant that sucks up more than 40% of all taxes (ad there are a lot of taxes)  had different regulations than care homes:

“The employer rejected the WEU exemption certificate issued on behalf of Mr Trotman, and Mr Trotman’s self-certification, both of which were allowed under the legislation, but insisted he had to follow the NHS exemption route, something that was not in the legislation.”

A case of “Hey, you, don’t watch that, watch this... it’s the heavy heavy monster sound” by Madness over four decades ago.

Madness - One Step Beyond (Official 4k Video) (youtube.com)

The case does set a precedent for similar cases.

“This case could assist other claimants in their ‘unfair dismissal’ claims where the employer has relied upon The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 as the sole reason for dismissal, as it never came in to force,” WEU said.”

As for Mr Truman?

“Trotman was awarded £12,138 with any taxes due to be paid by RSGH.”

Onwards!

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