A wealth management firm that fired an employee after he refused to return to the office during the coronavirus pandemic has been ordered to pay him thousands of pounds.
Courtiers, which has an office in Henley, lost an employment tribunal case against former employee Nick Quelch and has been ordered to pay out more than £14,000 in compensation.
The tribunal found that Mr Quelch was unfairly and wrongfully dismissed by the firm after he refused to return to the office in July 2020 because his girlfriend, who he lived with, was clinically vulnerable.
The tribunal heard that following the first coronavirus lockdown in March 2020, staff started working from home, but a phased plan for staff at the Henley office was put in place, with Mr Quelch due to return in July 2020.
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As that date approached, Mr Quelch’s line manager asked the company to allow the compliance analyst to continue working from home due to his girlfriend’s vulnerability – but this request was refused.
The tribunal heard that the pandemic made Mr Quelch “visibly stressed and anxious” due to concerns about his vulnerable partner, and his line manager expressed "disappointment" that his request was turned down.
When July arrived, Mr Quelch contacted the company, explaining that he would continue to work from home as the Government guidance was that those who could work from home should continue to do so.
The company took issue with his decision and suggested that he book annual leave or look into living separately from his girlfriend if he was concerned about returning to the office.
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At this stage, the company threatened to disciple Mr Quelch and suspend his pay if he did not return to the office. When he continued to work from home, his pay was suspended.
Following his pay suspension, Mr Quelch was invited to a disciplinary hearing, which he was advised would take place in person. His requests to conduct the hearing remotely were refused.
When Mr Quelch did not attend the in-person hearing, he was dismissed for gross misconduct.
The tribunal found that Mr Quelch was automatically unfairly dismissed and that Courtiers did not act in a “reasonable” way.
“We considered that [Courtiers] has failed to show that there was a potentially fair reason for dismissal and that both the sanction and the procedures followed by the respondent fell outside the range of reasonable responses open to a reasonable employer," the tribunal said.
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“It was not reasonable for [Courtiers] to instruct the claimant to return to the office when the government guidance was that employees who could work from home should do so and when the claimant could work successfully from home and without causing any difficulty to [Courtiers].”
“The claimant’s insistence on continuing to work from home for so long as that reflected government guidance was not unreasonable given that he could do so successfully.”
A spokesman for Courtiers said: "This case paper detailing events in 2020 and the outcome, highlights real challenges faced by individuals and businesses in addressing acute anxiety and uncertainty triggered by the pandemic, personally and professionally, regardless of role or circumstance.
"Managing an unfolding pandemic without government support and without furloughing any employee involves many, many challenges and many cases of successfully overcoming adversity. This particular case demonstrates how during an unusual two years, companies have been forced to make difficult decisions.
"Providing a safe, supportive and socially rich working environment equipped with dedicated, high-quality resources is important for employee wellbeing and operational efficiency. As a financial services firm managing over £1billion of investors’ money, it’s our duty to ensure service levels remain consistent and of the highest standard while ensuring employees are safe, without encroaching on anyone’s home environment.
"Regulations in place throughout the pandemic have met the approval of SODC. Appropriate protocols to ensure employee comfort and safety in line with current regulations and guidance remain in place and under review.
"Our workforce remains committed to and understanding of the ongoing steps being taken to reduce workplace risk to the lowest reasonably practical level. Health and safety measures involve all employees and our ongoing efforts extend beyond legislative requirements.
"Changes to measures in response to COVID-19 remain likely to continue as and when further announcements are issued by the Government."
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