What Is The UK's Legal Position On Compulsory Vaccination? (Video)

• Published date: 03 December 2021
• Subject Matter: Employment and HR, Coronavirus (COVID-19), Discrimination, Disability & Sexual Harassment, Unfair/ Wrongful Dismissal, Health & Safety, Employment and Workforce Wellbeing
• Law Firm: BLM
• Author: Mr Julian Cox

It has been confirmed that the COVID-19 vaccination will become compulsory for staff that care for the elderly and vulnerable. In enforcing such a requirement, organisations are likely to face a number of issues and potential pitfalls, and it is important therefore to explore the key steps if you are considering introducing compulsory vaccination for staff or those deployed in the organisation.

Compulsory vaccination requirement for Care Quality Commission registered care homes

From 11 November anyone working or volunteering in a Care Quality Commission (CQC) registered care home in England for residents requiring nursing or personal care must have two doses of a COVID-19 vaccine unless they have a medical exemption.

This rule will apply to all directly employed full-time and part-time workers, as well as those employed by an agency and deployed by the care home, extending to volunteers deployed in the care home.

The rule on the requirement to be vaccinated will also encompass others coming into care homes to work, such as healthcare workers, hairdressers and beauticians and CQC inspectors, unless they have a medical exemption.

Mandatory vaccination for those working in a CQC-registered care home will be governed by legislation; this will provide care home employers with the ability to rely on legislation when dismissing employees who refuse the vaccine without a medical exemption.

The Government has published operational guidance to the care home sector in relation to the new regime, which is called the 'Coronavirus (COVID-19) vaccination of people working or deployed in care homes: operational guidance'.

New legal questions arising from compulsory vaccinations

The Government's move does raise a number of important legal questions. In particular there may be tensions between the health and safety argument for making vaccination mandatory, and protections employees currently enjoy under the Equality Act 2010, as well as under European human rights laws.

Concerns have already been raised by the care sector that these tensions may leave care homes vulnerable to exposure to legal claims, such as unfair dismissal and discrimination based on disability, maternity reasons, religion or beliefs.

There are also fears the care homes will become legally responsible for verifying vaccination status of people over whom they have no employment oversight.

Dealing with objections and refusal to be vaccinated

Organisations will need to consider a requirement that staff...