Coronavirus: Employers cannot require staff to be vaccinated against Covid-19

As the number of British people vaccinated with the Covid-19 vaccine slowly approaches 9 meters, the largest vaccination program in British history is accelerating.

Prime Minister Boris Johnson has promised that all the most vulnerable people will have jabs by mid-February and the rest of the country will continue by this fall. As a result, ministers gradually began to talk about the end of the third blockade, and some companies dared to look beyond the pandemic.

read more: The UK ordered 100 million Valneva Covid-19 vaccines prior to clinical approval

However, the UK’s ambitious vaccine program has raised many legal issues regarding employee rights and employer obligations. Some of our readers wondered if their employers could force them to vaccinate, so City AM I consulted with Sarah Calderwood, a Human Resources and Employment Lawyer at Slater Heelis.

First of all, does the employer need to know if one of his workers has been vaccinated against Covid-19?

The Information Commissioner’s Office (ICO) confirms that employee health information is a special category of personal data, so employers may need to consider data protection. In the vaccination context, the permitted basis for processing special categories of data is for health purposes. However, employers need to make sure that they treat employee data carefully, and the ICO only needs to get confirmation that the employee has been vaccinated, and more. We advise that there is no need to collect data and that it is overkill.

read more: Legalization: Why “no jabs or jobs” can hurt more than any needle

The question that comes to mind for many, including some NHS staff, is whether employers can force workers to be vaccinated...

Under current health and safety laws, employers are obliged to protect the health of employees, everyone on the premises, and others affected by the business. Existing vaccination guidelines suggest that employers provide vaccination to those who have not yet been vaccinated if the risk assessment finds a risk of exposure to biological agents and an effective vaccine exists. Employees are free to refuse vaccinations, although they must.

Can my employer add a vaccination clause to my contract?

If the employer wants the Covid vaccine to be a contractual requirement, any changes to the contract terms will require the consent of the staff. An employer who implements this change without the explicit and implied agreement of the employee is in breach of the contract and the employee is entitled to resign and claim a constructive unfair dismissal. Employers have difficulty presenting this change from a rational point of view and may have difficulty implementing this type of contract for existing employees.

read more: Even with successful vaccine deployment, social distance may not end in 2021

And what about the new staff?

When an employer introduces a vaccination clause into a new starter contract, it must be a reasonable method, including consultation with employees who are worried about the vaccine for some reason.

So can the employer force staff to be vaccinated or discipline those who refuse to do so?

No, vaccination of employees without consent is a criminal assault and will probably be a breach of contract. Although there is no case law, it is rare for an employer to force a staff member to undergo medical treatment, so dismissing an employee because he or she does not want the Covid vaccine can be considered unfair dismissal. Vaccine requirements may also subject employers to discriminatory claims, as individuals may not be vaccinated for health or religious reasons.

What can employers do to encourage vaccination?

Employers who are enthusiastic about staff vaccination should develop an out-of-contract policy outlining the benefits of vaccination and staff vaccination arrangements. Employees who refuse the vaccine can meet personally to re-explain the benefits, but the employer must not force or discipline the refusing staff.

read more: How many Covid-19 infections are there in London borough?