Care worker unfairly dismissed after employer failed to consider furlough as an alternative to redundancy

10 August 2021

Mrs Mhindurwa, a care worker provided live-in care to a vulnerable individual from October 2018, until 8 February 2020.  The live-in care was brought to an end because the individual was admitted to hospital and then later moved to a care home.  

In July 2020, Mrs Mhindurwa’s employer; Loving Angels Care, informed her that she would be made redundant.  Mrs Mhindurwa had previously requested that she was furloughed, which was denied, and she subsequently claimed unfair dismissal based on the fact that she should have been furloughed and not dismissed.

Evidence submitted to the tribunal confirmed that there was no immediate work available for Mrs Mhindurwa because the volume of live-in work had significantly reduced due to the pandemic.  The only work available was domiciliary care which was not suitable because of the location.  The employer failed to consider furlough in this case and did not provide a reason why the furlough scheme was not used.     Mrs Mhindurwa was found to be unfairly dismissed.

Mrs Mhindurwa also raised a complaint of unpaid wages and holiday pay, these claims were dismissed by the tribunal.  

 


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