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Can businesses mandate vaccination?

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Employers to carefully consider vaccination policies

New COVID-19 restrictions came into force on 13 December, effectively sending workers back to working from home, if they’re able. But can the businesses that need employees in the workplace force them to be vaccinated?

Damian Kelly, partner and head of the employment law practice at Lodders Solicitors weighed in: “Other than employers of care home staff, employers have no legislative right to require staff to be vaccinated. In other sectors, employers who try to mandate staff vaccinations are running a high risk of Employment Tribunal claims, including claims for unlawful discrimination.”

“Increasingly, employers are seeing value in introducing Vaccination Policies which, whilst falling short of requiring mandatory vaccinations, encourage their staff to get vaccinated and set out various means by which they will be supported in doing so.”

“For care homes and their staff, The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 were approved on 22nd July 2021, and made it mandatory for a person working or providing professional services in a care home to have the COVID-19 vaccine from the 11th of November 2021.

Damien added: “Employers should give careful consideration to the drafting of a Vaccination Policy and the way in which it is communicated and implemented across their workforces. Important issues for consideration are likely to include timing, confidentiality, time off measures and fair procedures for dismissals should they be necessary.”

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