This month, office returns are in full force. After 18-months of home working, staff are finally being told to haul themselves back to their desks as hospital admissions due to coronavirus remain low. It’s all due to the success of the vaccination programme, but now employers are facing a new quandary: what about those who refuse to be vaccinated?
According to the Financial Times, UK law firms are facing growing demands for vaccine mandates from their US counterparts. In America, legal guidelines dictate that employers can demand staff receive the vaccine in order to work, however over here in the UK that’s not the case. Thus, firms are forced to balance the risk of increased health issues in the office with claims of discrimination from those who are avoiding the vaccine altogether.
It’s not just in the US either, around the world companies and minister alike are backing vaccine mandates for employees. But what’s going on in the UK? Is there a chance vaccine mandates will be our reality too? We spoke to Laura Kearsley, partner and solicitor specialising in employment law at Nelsons, to find out.
Having a full complement of vaccinated employees will mean a dramatic reduction in the risk of the virus.
‘Some employers will be very keen for their staff to benefit from a Covid-19 vaccine,’ Laura explains. ‘Having a full complement of vaccinated employees will mean a dramatic reduction in the risk of the virus and less concern for the employer when it comes to transmission in the workplace. That being said, it might not necessarily be as simple they think.’
Can my employer force me to get vaccinated?
‘An employer cannot compel you to be vaccinated if you do not wish to be so. However, it may be within their rights – depending on the circumstances – to take action if you are not going to be vaccinated and they think there are good reasons why you should be. For example, this would particularly apply to those working in healthcare or care home settings. In some circumstances, employees could in fact be dismissed for refusing the vaccination if it means they will present a threat to themselves, patients or service users.
‘We’d advise our clients to encourage their employees to get vaccinated by ensuring staff have access to reliable information about the vaccine, so they’re able to make an informed choice, and even to allow paid time off for vaccination appointments.’
Can my employer alter my contract in any way meaning I have to get a vaccine?
‘It is unlikely that an employer could reasonably amend an employment contract to make it a requirement that an employee be vaccinated. However, as previously mentioned, there are some sectors and job roles where employers might be able to argue that the person in that post needs to be vaccinated for health and safety reasons.’
What are my rights if I refuse to get vaccinated when my employer is insisting?
‘If your employer is insisting you get the vaccine but you are unsure, then you should flag and discuss any concerns with your employer and see what can be agreed. Unless you are employed in a sector and/or a job role where there are pressing health and safety reasons for you to have the vaccine, an employer is not likely to be able to insist you get it or be able to take action against you for not doing so.
‘However, it’s always worth bearing in mind that employees who have less than two years’ service do not have the right to claim unfair dismissal – except in certain limited cases – and that those who provide their services on a self-employed or zero hours basis might also be less protected from their employer’s decisions.’
Do I have to tell prospective employers whether or not I have been vaccinated?
‘There is a general prohibition on employers asking prospective employees health-related questions, which in this case would include their vaccination records. Although, there are limited exceptions to this that could apply to sectors and job roles where there is a particular health and safety reason, meaning the employer needs to know whether you’ve been vaccinated or not.’
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