Dismissal may be unfair if furlough was not considered as an alternative

In the recent EAT case of Lovingangels Care Ltd v Mrs B Mhindurwa, the Claimant was employed as a live-in carer for “HR”, a client of the Respondent. HR went into hospital in February 2020 before moving to a care home, so the Claimant was no longer required to care for her. The Respondent was unable to find her another client due to the pandemic, and she was given notice of dismissal because of redundancy in July 2020.

The employment tribunal accepted that the reason for dismissal was redundancy but held that it was unfair on two grounds: the Respondent had failed to consider the possibility of furlough and had failed to offer the Claimant a proper appeal.

The Respondent appealed. 

The EAT held that the tribunal judge was entitled to treat furlough as he would any other alternative to dismissal that a reasonable employer might be expected to consider. The appeal was dismissed. 

Read the Judgment here >>>