Covid-19 remains an important issue affecting daily life in the UK, and doesn’t seem to be going away any time soon. With vaccines now readily available, and the enacting of measures such as vaccine passports, there has been debates and controversy regarding if those who have chosen not to receive a vaccination can return to public spaces, including back to work.
Do I legally need the vaccine to continue working in the UK?
Currently, the vaccine is only mandatory for care home staff or those who work for a residential care provider, who legally must be fully vaccinated (unless medically exempt) to protect at risk residents. This also applies to care home volunteers.
In April 2022, the law will change to include all staff working or volunteering in a CQC-regulated health or social care workplace.
There is currently no UK law requiring anyone in a different field to need a vaccine in order to work. However if you travel internationally for work, it may be necessary to gain entry to certain countries outside of the UK.
Can private businesses make it mandatory for their staff to be vaccinated?
We can see why it might be appealing for employers to want staff vaccinated. Statistically, those individuals who’ve been vaccinated are a LOT less likely to end up seriously ill from Covid than unvaccinated people – thus potentially needing a lot of time off!
But, in short you probably cannot mandate vaccines for your staff.
Due to current human rights laws and legislation already in place, any business attempting to implement a mandatory vaccination policy would be at risk of receiving a legal complaint.
The Public Health (Control of Disease) Act of 1984 states that no one should be forced into a medical treatment that they do not consent to. The Equality Act of 2010 states that staff cannot be discriminated against because of factors such as religion or health conditions, so there is potentially a legal complaint if someone is refusing the vaccine on religious grounds or because of a current health condition.
Employees dismissed due to their vaccination status may also have a claim for an unfair dismissal or breach of contract, as there was (likely) no mention of mandatory vaccinations in their original work contract.
What about for new staff?
This leads on to the question of if new staff can be screened for their vaccination status during the hiring process, for example including by vaccine passports as part of entry criteria for potential candidates.
While this is less risky and controversial than a mandatory vaccination requirement for all staff, there are still legal concerns about implementing this measure. For example, an employee’s vaccination status is seen as personal medical data, which is subject to data protection and privacy laws. And again, if someone was declined a job based on their vaccination status, they may have grounds to register a discrimination complaint.
The NHS covid pass has so far only been used for attending large events or going abroad, and with the government planning to axe vaccine passports by January 26th, it’s incredibly unlikely that one would be demanded during the hiring process.
In summary, with the government currently working to ease covid restrictions, it is unlikely that we will see this practice be implemented either.
Employers planning to try and carry out these policies within their business are heavily advised to seek legal advice.
What else can employers do to prevent the spread of Covid?
While unlikely to be able to mandate them, businesses are encouraged to promote vaccination to staff, as well as safety measures such as masks and social distancing. The government suggests that this can be done through offering paid time off to get vaccinated/any sick days due to potential side effects, or distributing government educational resources about covid and the vaccine to staff. Employers are able to purchase rapid tests for onside testing or pay an approved provider to run tests on site, however (unlike earlier in the pandemic) these tests will no longer be provided for free.
In conclusion, while it is highly advised by the government and UK health and science organisations, being vaccinated is currently not legally obligated within the workplace, and it’s unlikely that your employer will pursue a vaccination policy at this time.
