An employment tribunal has ruled that an employee's fear of catching Covid-19 and desire to protect herself and her partner, which was the reason she refused to return to the workplace on 31 July 2020, was not a 'protected belief' for discrimination purposes. Previous caselaw has established that an opinion or view based on the present state of information available will not qualify as a 'belief' that can be protected, and the tribunal concluded that the claimant's concerns failed on this point: the tribunal considered that it was a widely held opinion that attending a crowded place during the height of the current pandemic would increase the risk of contracting Covid-19 and might therefore be dangerous. A fear of physical harm and views about how best to reduce or avoid a risk of physical harm is not a belief. (X v Y)
This decision highlights that employees disciplined because they are reluctant to return to work due to Covid-related fears are unlikely to be able to bring belief discrimination claims. However, they could well have other avenues of claim, for example if they can show they raised valid concerns about the inadequacy of workplace safety measures and/or that they are or live with a disabled person who is more vulnerable to COVID. Employers looking to encourage reluctant returners should seek to reassure staff and engage with concerns raised.
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