Masiero & Others v Barchester Healthcare Limited [2024]
Decision Number: EAT 112 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 16/07/2024
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
LinkedIn

Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Claimants:
Masiero & Others
Respondent:
Barchester Healthcare Limited
Summary

Dismissals as a result of refusing to get vaccinated against Covid-19 were fair and did not breach the claimants’ human rights.

Background

Background:

The claimants were employed by the respondent as healthcare providers in their care homes. They were dismissed in May or June 2021 after refusing to be vaccinated against Covid-19 contrary to the respondent’s policy requiring all staff to be vaccinated unless medically exempt. The policy was adopted 6 months ahead of the government mandating it for care homes. The claimants brought claims for unfair dismissal.

Outcome:
The claimants argued that the decision to dismiss and the decision to require vaccination was contrary to their rights under the Human Rights Act 1998 and the European Convention on

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 16/07/2024