Representing the Respondent, Louise successfully persuaded the Employment Tribunal that the Claimant's fear, albeit genuine, did not meet the criteria in Granger plc v. Nicholson [2010] IRLR 4.
The Claimant was on furlough and did not want to return to the workplace due to fear of catching Covid-19. They asserted that furlough should be extended and that failure to do so was discrimination.
The Judge accepted that the Claimant's fear was weighty and substantial, widely held and had sufficient cogency but crucially was an opinion/time specific reaction and not a belief and consequently was not protected under the Equality Act.
The case is an interesting example of how the pandemic is shaping new arguments and creating new legal frontiers in employment law.
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