We are receiving questions regarding to Coronavirus vaccination.
Care Sector
The Government has just passed legislation compelling care homes to ensure that almost all workers are vaccinated against Covid-19, this is contained within the The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 which also restricts who can enter a care home setting; this will come into effect from 11th November 2021.
What about other workplaces?
You cannot ask whether someone has been vaccinated at recruitment stage. Post an offer of employment you can do so and if it is a genuine occupational requirement e.g. they work in close proximity to others (i.e. not just because you want to know!) you can add this in as a question on the health questionnaire you send out when confirming an offer of employment.
You cannot compel an employee, or future employee, to be vaccinated (subject to the Care Sector as above).
What can I do?
You will already have completed Coronavirus related risk assessments and it is essential that you continue to review and update these as the situation progresses.
Part of your risk assessments is likely to include vaccination of employees, as it has been shown that vaccination reduces the risk of contracting Coronavirus personally or passing it on to others.
You can take other measures, if you assess them to be proportionate and necessary, in relation to employees who have not been vaccinated. You must not discriminate against or cause (or allow) an employee to suffer a detriment (e.g. suffering bullying or harassment) because they have not been vaccinated, they may have very genuine reasons for not doing so and those reasons may fall into “protected criteria” and the employee would therefore be protected under the Equality Act; our advice, be aware of the risk of a discrimination claim.
We have just updated our Coronavirus Vaccine Policy to reflect the following:
Employees should be aware that, should they choose not to have the vaccine, we may take steps to limit risk to colleagues and visitors e.g. you may be required to wear a mask in the workplace, restricted from visiting certain areas, work in isolation, keeping away from vulnerable colleagues and others. Any steps we take would be assessed before being put in place and would be proportionate to protect others.
With effect from 16th August 2021 anyone who has been double vaccinated will no longer have to self-isolate if they have been in contact with someone who has Coronavirus or symptoms thereof. Anyone who has not been double vaccinated will still be required to self-isolate and therefore not attend the workplace. If unable to work during self-isolation, we reserve the right to make payment only in line with prevailing Government requirements.
You can access the updated policy by signing up for our Advice Line service.
