A court has backed Barchester Healthcare’s decision to sack five care home workers who refused to have their Covid-19 vaccination.

An employment tribunal in Leeds threw out claims of unfair dismissal saying the decision had been made to protect people who were clinically vulnerable.

The claim was brought by a nurse, laundry worker and three care assistants who argued they should have not been sacked for objecting to vaccination on the grounds of their spiritual and philosophical beliefs.

Employment Judge Neil Maidment said: “[Barchester Healthcare] was seeking to minimise the risk of death, putting genuine value on the saving of any resident’s life. Any contrary attitude from a care home provider might have been regarded as disturbing.”

Up to 60,000 workers are thought to have been sacked due to the mandatory requirement which came into force on 11 November 2021. The requirement was scrapped on 15 March 2022.

A Barchester spokesperson said: “In early 2021 we took the decision that staff working in a Barchester care home or hospital must have the Covid-19 vaccine in order to protect the vulnerable residents and patients in our care and also themselves. This isn’t a decision that we took lightly, and sought feedback from staff and residents and relatives, as well as medical specialists, in order to make the decision. 

“Our duty is to ensure that the safety and wellbeing of our residents is always at the forefront of our decision making. This remains our policy, and any new employees are required to have had one vaccine when they join and commit to having their second by the end of their probation period, unless they are medically exempt.

“We welcome the ruling of the employment tribunal who found our vaccine policy to be reasonable, and accepted the introduction of our policy to reduce the risk of spread of Covid infection in our homes and hospitals. However we do respect personal choice and the decision of those who didn’t want the vaccine and we wish those staff well.”

Sejal Raja, Partner at Weightmans, said: “This is a significant and welcome ruling, that will have direct implications for those employers in the care industry, who may face similar claims in the future.

“The tribunal recognised the principle, enshrined in law, that people must be allowed to hold, and act, in line with their personal beliefs. But the ruling highlighted that the law also permits difficult but essential decisions to be taken where these rights interfere in order to protect others’ inviolable rights – specifically the right to life.

“This judgement will give care home management teams that acted responsibly, with due process and with the safety of their residents front of mind, confidence in their decisions.

“But it also underlines just how much consideration, care and caution must be taken in any employment decision. These are complex matters, where the rights of staff must be weighed equally against the rights of others. Where any business is unsure of their course of action, it’s essential they seek professional legal advice.”