No jab, no job? The legal rights of employers and employees around the Covid vaccine are a burning issue at the moment. Read on for a clear guide to both.
Are people legally required to get vaccinated?
Except for certain workers in the health and care sectors, vaccines are not mandatory. Employers can encourage staff to get vaccinated, but can’t legally force them.
What about NHS and care workers?
Vaccinations are mandatory for care home workers and will become mandatory for NHS staff from April 2022.
What does this mean for employers?
Check out the ACAS guidance on getting the vaccine for work to help you discuss the benefits of the vaccine with your staff and supporting them in getting it, for example by offering paid leave to go to vaccination appointments or if they’re off sick with vaccine side effects.
However, you cannot force employees to be vaccinated, and you could face a discrimination claim if you try, or an unfair dismissal claim if you dismiss an employee with at least 2 years of service over not getting the vaccine.
Can an employer dismiss an employee for refusing the vaccine?
Refusing to comply with a “reasonable management request” is grounds for dismissal, so the employer would need to successfully make a case that the request was reasonable. This will have to be decided on a case-by-case basis, and the employer should explore other options such as home working first.
What about “extremely clinically vulnerable” employees?
Those at high risk from Covid have legal rights to be protected from detriment or dismissal if they refuse to return to work because of a reasonable belief that they would be in danger. Employers should do their best to create a Covid-secure environment for these employees.
How can employers use vaccine data?
Employers are allowed to ask for employees’ vaccine data as long as their use of it is fair, relevant and necessary for a specific purpose. This is very unlikely to include sharing someone’s vaccine status with other employees or the public.