A forklift driver has been awarded nearly £24,000 after an employment tribunal found he was unfairly sacked for breaking self-isolation rules.
David Lewis worked at Benriach Distillery near Newbridge in Edinburgh for 23-years before being fired for violating lockdown regulations.
His son, who was waiting for results from a Covid testing, went to work. The father had been complaining about a cough and loss of his senses of smell. Lewis refuted this claim.
After an internal investigation, he was found to have committed a serious violation of the safety and health regulations and he was dismissed for gross misconduct.
Lewis stated that his son wasn’t ill, and that he was just joking about wanting to miss work.
After complaining of headaches, Lewis took his son for a Covid testing on February 6. He then began to have a cough the next day. Mr Lewis thought it was “mock coughing” and lost his senses of smell.
David Lewis (pictured), had worked at Benriach Distillery Newbridge in Edinburgh for 23-years before being fired for violating lockdown regulations earlier this month.
Lewis didn’t receive any response by Monday morning, so he went back to work. Despite the Scottish Government guidelines that required anyone sharing a home with someone who was displaying symptoms to be isolate.
When the results of the February 9 test came back, they were positive. Mr Lewis revealed during an internal investigation that he thought his son was ill and that he was pretending to be ill.
Simon Briggs was accused by Simon Briggs as being irresponsible and reckless in an email that he wrote to a colleague. He then launched an investigation.
Ms Lewis stated that he didn’t believe he required a test. He was with a friend who went to a test. One said that he suffered from a headache. It seemed like he wanted to go home from work.
“Later, he mentioned that his head felt really sore. (This was Friday). I thought this was an innocent thing. I administered some Paracetamol to him.
“Then, I drove him to the testing center on Saturday. Then he returned to his room.
“On Sunday he did not get his results. He said that he was fine, but that he still had sore eyes.
He said that he was suffering from a severe cough on Sunday night. I told him he wasn’t having a cold. On Monday, he stated that he had still got a little cough.
“On Monday, I called the number in his letter to get the results. They said they were still waiting for them.
“They told me that results could take as long as six days. The doctors also advised me to isolate myself. He claims he has lost his senses of smell.
His son, who was waiting for results from a Covid testing, had gone to work. The father complained that his son was having a bad cough. Lewis believed this. Lewis went back to work. Photo of the distillery
He was told to isolate Lewis and he told his firm, which launched an investigation.
After being accused of violating safety and health policies, Mr Lewis was fired on February 25th 2021 without any notice.
Following an internal appeal that was rejected, he went to work with his bosses at an employment tribunal.
Employment judge Jim Young, who presided over the case, ordered the firm to pay £23,978.19 in compensation for unfair dismissal.
He accepted that Mr Lewis was not showing Covid symptoms. The judge also believed that Lewis did not have to self-isolate.
However, he stated that his son took a Covid Test on Saturday morning and that the results did not return to him when Lewis got into work the following Monday.
After being accused of violating safety and health policies, Mr Lewis was fired on February 25th 2021 without any notice. Pictured below: Photo of distillery
He said that Lewis could not claim his son had Covid symptoms. Lewis would be paid for the time he spent self-isolating.
Judge Young said that while his son didn’t display symptoms, it was clear that the claimant committed a blatant act by going into work to avoid the possibility of a positive test.
“There were no motives for the claimant to require entry to work on February 8, 2021.
He would have received a payment if he had left home. This allowed him to not pretend his son didn’t have Covid symptoms, so it was not necessary for him to isolate himself.
“He knew the guidelines, and knew that symptoms could be a sign of a more serious condition. He should have self-isolated.
“I understood his point that his son might have Covid symptoms and he wouldn’t have gone to work if he thought so.
“I don’t think there was any deliberate intention to go to work even though he knew that his son had Covid symptoms. He should have been self-isolated.”