Can businesses insist that employees are vaccinated?

• COVID vaccines are here, but not everyone wants one.
• Employers should tread carefully when considering a vaccination policy in the workplace.
• There is a multitude of legal risks, from discrimination to data protection, to take account of.

The well-publicised roll-out of COVID-19 vaccines is gathering pace. While it is initially reserved for the high-risk categories and frontline health and care workers, it will not be long before millions of other people of working age are invited for a jab. It raises key questions for employers regarding their stance on the vaccine.

The first question on many employers’ lips will be ‘When can my employees get vaccinated?’. It is probably the simplest to answer as the government has given an expected timeline of everyone aged 18 and over being offered the vaccine by the Autumn of 2021.

From there the questions are not quite so straightforward to answer: ‘Can I ask that employees get vaccinated? What are my options if an employee refuses a vaccination?’

Whether you could ask that employees get vaccinated would really depend on if it was a reasonable request to make in the context of your business. There is an obvious difference between asking a care home worker to get vaccinated, compared to someone who works by themselves remotely, for instance.

Doing any more than asking (best done by a non-contractual policy which outlines the benefits of vaccination and why your business is recommending it), exposes you to a number of risks.

The employment law risks are significant. One of the protected characteristics of the Equality Act is religion or philosophical belief. A person who does not believe in vaccinations or a person whose religion bans the use of certain substances found in the vaccine may claim protection under this. In December, the Vatican has said it is acceptable for Catholics to have the vaccine, but other faiths may not accept it. Those who are pregnant or suffer from severe allergies would likely be prevented from having the vaccination on medical grounds. So, it is a complex area.

That being said, if a company has carried out a risk assessment and the request is a reasonable way to achieve the aim of minimising the risk in the first place you could potentially dismiss. You would, however, have to ensure a dismissal process was followed properly – and taken on its own merits. Obviously looking at alternative roles or working from home before dismissal would be sensible. There is no case law to which to refer.

Other legal areas into which an employer-led vaccination initiative could stray include data protection and workplace disputes between pro- and anti-vax employees.

As well as the legal issues, there are other areas to consider too. Will you allow employees paid time off to attend their vaccination appointment? How will you cover their absence? You may need to plan rotas in advance, and you will probably want confirmation that both vaccination appointments have been attended. 

Asking for information about vaccinations or lack of them is a sensitive area and as such all discussions will be strictly confidential. How and where will you store the information and who will have access to it?

What on the face of it may seem a reasonable health and safety precaution in embracing the vaccine is full of nuance. Education and persuasion and a thorough examination of options will generally be a better starting point than confrontation; but professional advice is essential.

Here at The HR Dept, we have been working closely with SMEs through the COVID-19 pandemic and continue to provide urgent support to many businesses through this unprecedented time of change.

Our core focus in recent weeks has involved supporting businesses through furlough and walking employers through the many rules and iterations of the Coronavirus Job Retention Scheme.

After speaking with a wide range of SMEs about the new and very real challenges they face beyond lockdown, we have devised a bespoke short-term HR package to directly address and resolve common concerns. Our local and personal service means that we can be flexible with this offering to find the perfect solution that puts your business first.

To find out more about a beyond lockdown plan for your business, contact your local HR Dept today.

The HR Dept is now the UK’s largest network of HR professionals providing outsourced HR support. Our clients vary, from tiny start-ups to established brands, across all industries.

We pride ourselves on delivering cost-effective employment law advice and HR solutions that leave you free to concentrate on growing your business.

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