Employee Rights: the COVID-19 Vaccination
If you haven’t already, you can sign up to receive our latest news and information here:
There are multiple human rights & Legal implications arising from the response to COVID-19 and we are on hand to help you navigate what you can and can’t do as an employer.
According to the rules concerning the current national lockdown, people have been urged to work from home wherever possible and employers have been asked to “take every possible step” to make this happen.
The government is due to publish updated statutory guidance for employers to support people working remotely and we will share this information with you when it becomes available.
52% of Employees Still Work Onsite
In a recent survey, The Business Impact of Coronavirus (BICS), it was identified that 48% of people are currently working remotely, whilst 52% of employees are still working onsite.
Under current guidelines, any workplace that remains open in England, must carry out an appropriate “COVID-19 risk assessment” to prevent the spread of the virus.
Some factors to consider include:
Minimising the number of unnecessary visits to the place of work.
Ensuring that staff observe 2m (6ft) social distancing wherever possible.
If that is not practicable, staff should observe 1m social distancing with additional precautions.
Surfaces, objects, and communal areas should be cleaned frequently.
Extra hand washing facilities should be made available.
One-way systems should be introduced to minimise contact.
Screens or barriers should be put in place to separate staff.
Implementing back-to-back or side-to-side working (rather than face-to-face) whenever possible.
Staggering the start/end times of the working day.
Collecting visitors; contact details for NHS Track and Trace.
Avoid travelling to work by public transport wherever possible.
Avoid car sharing either to travel to work OR whilst travelling for work.
Offer regular Rapid flow testing on site as a preventative measure.
A full list of guidance can be found at: www.gov.uk/guidance/working-safely-during-coronavirus-covid-19 or call 01527 306760 and a member of the Danton HR team will be able to offer you advice tailored to the needs of your business.
What the COVID-19 Vaccination Means to Employers
As the COVID-19 vaccination program increases pace, employers are starting to question what they can reasonably expect from their staff. Many of the calls we have received over recent weeks have concerned whether an employer can make it a mandatory requirement for their staff to have the COVID-19 vaccination. In short, The Public Health (Control of Disease) Act 1984 specifically states that members of the public should not be compelled to undergo any mandatory medical treatment, including vaccinations.
Businesses up and down the country are keen to get back to work, with many looking to offer a COVID-19 vaccination for their staff. But if an employee has concerns about receiving the vaccine and they feel like you are making it mandatory without good reason, you could face a tribunal claim.
Making the COVID-19 Vaccine Mandatory for Staff
Whether you can reasonably ask your staff to have the COVID-19 vaccine depends on the kind of work you carry out. If your business operates in the social care sector alongside people who are vulnerable to COVID-19, asking your staff to have the vaccine could help to save lives. You could argue that having the vaccine is essential to their role but tread extremely carefully. Pressurising your staff into having the vaccine could lead to criminal implications, allegations of bullying or unfair treatment.
But not every organisation carries the same level of risk and it is unlikely that you could justify mandatory vaccines. If you are unsure, speak to our team at Danton on 01527 306760.
The Risks Associated with Making the COVID-19 Vaccination Mandatory
If there is no heightened risk to your staff or the public, it would be unjustified to expect an employee to have the COVID-19 vaccine and could result in a legal fall out if they feel pressured to have it.
If you are considering asking your employees to have the vaccination, without good reason, you could find yourself with a tribunal claim. An employee would have reason to refuse the vaccine on the following grounds:
• If they are pregnant or breastfeeding (this includes staff who are looking to become pregnant or undergoing IVF treatment – which you may not be aware of).
Have a health condition which could be affected by the immunisation.
Hold religious beliefs that would prevent them from having a vaccination.
You may also find that some staff members have a genuine anxiety about having the vaccine providing reassurance and information may assist. Some staff may simply choose not to have the vaccine.
But if you would like to recommend that your staff have the vaccination, we advise the following course of action:
Review the clauses in your employment contracts.
If you do not already have one, a vaccine policy will help to clarify your organisational stance on vaccines. It also helps to avoid any unfairness in the workplace and provides a clear path for everyone to follow.
Share official resources about the vaccine. This will help your employees to make an informed decision and prevent any misinformation and/or the circulation of rumours.
If the employee cannot have the vaccination due to cultural or religious beliefs, or if they cannot have it due to a pre-existing health condition, focus on ensuring that your workplace is COVID-19 secure or, if practicable, put measures in place to allow them to continue working remotely.
Encouraging Uptake of the COVID-19 Vaccine
Even with the introduction of a vaccine, it is widely accepted that COVID-19 and its associated strains, are not showing any signs of going away, so it is reasonable to be considering how you can best protect your staff and future proof your business.
To help increase the uptake of the COVID-19 vaccination in your workplace you could consider offering various incentives, encouragement and support and allow paid time during work, if required, to attend the vaccination appointment. But to ensure that your business is protected from facing costly tribunal claims, it is important to consider the employee and their rights.
Speak to Danton HR today about your situation and we will tailor policies and HR practices to suit the needs of your business in light of COVID-19.