Sarah Synan, an executive at the International Tennis Federation (ITF), recently won a legal battle against the organization after being fired for refusing to comply with its strict Covid-19 vaccine policy. The tribunal ruled in Synan’s favor, awarding her £27,465 in compensation.
The lawsuit revealed that the ITF enforced “particularly severe restrictions” against Synan when she decided not to get vaccinated. The federation’s senior executives adopted a “hard line” stance on individuals who were not vaccinated. This policy was implemented before the US Masters in October 2021, even though there were no vaccination requirements to enter the country at the time.
As a result, Synan was unable to attend the tournament and faced various other strict restrictions, including being excluded from the 2021 Christmas party. Shortly thereafter, on February 22, 2022, when national Covid-19 restrictions were easing, Synan was terminated from her position as the wheelchair tennis team lead, which paid her £37,500 annually.
The tribunal found that the ITF’s decision to dismiss Synan was unreasonable, considering the improving Covid-19 situation and the lifting of restrictions announced by the government. It was clear to the tribunal that the federation should have recognized these factors and refrained from firing Synan. She had dedicatedly represented the ITF at prestigious international events, such as the Paralympics and the US Masters, during her four-year tenure at the organization.
Synan admitted to feeling anxious about getting vaccinated due to her previous experience with Covid-19 in March 2020 and a mild episode in 2021. While the ITF encouraged employees to get vaccinated, there was no formal requirement to do so initially.
The tribunal report highlighted that employees were encouraged to return to the office in July 2021, with strong encouragement to get vaccinated. The Paralympic Games took place in August, and Synan, despite being unvaccinated, was able to travel with the rest of the team by following safety protocols. However, the ITF introduced a new policy shortly before the US Masters, demanding that all staff members be double-vaccinated to travel. This policy directly affected Synan, who had to forfeit her attendance at the tournament. Notably, a colleague, accompanied by an unvaccinated freelance cameraman, attended in her place.
Internal emails exchanged between Head of Wheelchair Tennis Alistair Williams and HR Director Jane O’Sullivan revealed their determination to take a “hard line” against unvaccinated employees like Synan. O’Sullivan attributed the initiative to ITF President David Haggerty, who believed that representation at international events should only be allowed for those who had been vaccinated.
Following her dismissal, Synan faced stringent restrictions, including mandatory negative lateral flow tests when in the office, the need for approval for international trips, and discussions with her manager regarding attendance at staff meetings and social gatherings. She was also required to be particularly diligent about wearing a mask, with the possibility of facing consequences for non-compliance.
In his ruling, Employment Judge Eoin Fowell concluded that Synan had been unfairly dismissed. Judge Fowell emphasized that the national and international Covid-19 situation was improving at the time of her termination. With the government announcing the end of all restrictions and the passing of the Omicron variant wave, it was evident that restrictions would soon be lifted. The ITF should have considered these factors and explored alternatives, such as having Synan’s colleagues cover her international travel commitments.
Judge Fowell deemed Synan’s dismissal to be an unreasonable decision that fell outside the realm of reasonable responses. He highlighted that there were only a few remaining international events and that Synan’s colleagues were willing to represent the ITF during that time. Given her value as an employee, the number of events was not unmanageable. The judge concluded that the ITF’s dismissal of Synan was unjustifiable in the given circumstances.
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