The Labour Court upheld the rejection of Lindsey Toner’s constructive unfair dismissal claim against Valley Pharmacy Limited Healthwise, finding she had not shown that the pharmacy’s conduct justified her resignation. The decision was dated 10 June 2024.
Toner, a pharmacy technician, said she could not wear a face mask for an extended period and offered to return wearing a visor. The pharmacy said it relied on professional advice that staff in healthcare settings should wear masks, and that her job remained open while it offered meetings and professional consultation.
The Court accepted the pharmacy’s evidence that its decision was based on professional advice and its duty of care. It considered that the employer had made reasonable efforts to address Toner’s concerns. In a constructive dismissal case, an employee must show that the employer’s conduct justified resigning. The Court found Toner had not met that test, so her appeal failed and the adjudication officer’s decision was upheld.