Employee who stayed in Italy at the start of the pandemic automatically unfairly dismissed

In Montanaro v Lansafe , an employment tribunal has decided that an employee who stayed in Italy at the beginning of the pandemic was unfairly dismissed by his employer.

The claimant was an Italian IT professional who usually worked in the UK. The claimant had travelled to Italy on annual leave to attend a family event. The evening before he was due to return to the UK, Italy went into lockdown. At the time, guidance from the Italian authorities was to stay at home but travel for work purposes was permitted. UK government guidance required 14 days’ isolation on return from Italy.

The claimant was unsure whether the Italian authorities would allow him to travel without documentary evidence from his employer. He contacted his employer and asked for guidance and was told to await further instructions. The claimant did not hear anything further from his employer, despite making contact with his manager. The claimant continued to work remotely until 1^st April 2020 when he received an email referring to his dismissal on 6^th March 2020 with a P45 and his final payslip attached.

A dismissal letter dated 11 March 2020 was later presented to the tribunal, but the claimant said he had never received it. The letter was addressed to the claimant’s home address. The letter referred to unauthorised absence and said that the claimant had not been in contact with his manager or provided reasons for his absence.

The tribunal took the view that the threat of coronavirus was a serious and imminent danger, and that the claimant was taking appropriate steps to protect himself by working remotely in Italy. It held that the claimant had been automatically unfairly dismissed.

The employer did not invite the claimant to a disciplinary hearing before dismissing him. It was noted that the employer gave the claimant no advice about whether he should stay in Italy or return to the UK. The employer was also found to have behaved inappropriately by sending the dismissal letter to the claimant’s UK address despite knowing he was in Italy at the time.