Thursday 3 November 2022
By Appellant’s Notice filed on 22/6/22, the Claimant appeals against the order made by the Employment Appeals Tribunal (HHJ Tayler) (EAT) sealed on 18/5/22, dismissing the appeal against the Employment Tribunal’s (ET) decision sent to parties on 2/3/21.
The ET dismissed a claim of automatic unfair dismissal. C asserted the had had left and/or had not returned to his place of work because he reasonably believed there were circumstances of danger that were serious and imminent arising out of Covid pandemic, which in terms of s 100(1)(d) ERA 1996 he could not reasonably have been expected to avert.
The ET found that C had a genuine belief that there were circumstances of serious and imminent danger but that his belief was not objectively reasonable because the danger was not confined to his workplace but was all around.