Can Employers Insist Employees Have the Coronavirus Jab?

The global pandemic has seen countries and communities face significant challenges. Vaccines against the virus are now being rolled out across the UK and although broadly welcomed, some people are not so keen on receiving the jab. As an employer, where do you stand if your staff refuse the jab?

The virus has wreaked havoc but the fightback is gaining momentum with the vaccine programme roll out in the UK and across the globe.

 This article is not intended as legal advice but a discussion around whether employers can insist on or mandate vaccinations in the workplace.

Inoculations and vaccinations have always raised questions. A summer 2020 study by Northumbria University found that 1 in 6 people in the UK would refuse the vaccine. Pinpointing the reasons why people would refuse a vaccine – fear of needles, for example, is an issue for many people with conspiracy theories also playing their part – the study also suggested ways in which opinions could be change. The key to increasing vaccine take-up in many ‘hard-to-reach’ groups was digital media literacy. In other words, positive messages debunking conspiracy theories from sources that are seen as intelligent and competent.

With the vaccine programme underway in the UK, there are small pockets of vaccine resistance. Within the social care sector, there was a groundswell of vaccine refusals, with health fears and cultural reasons cited by many. There has been a concerted effort to address these concerns and it seems that many social care workers are now signing up for the jab.

When it comes to your workplace if you or your staff refuse the vaccine, where do you stand as a business? Can you insist people are vaccinated?

The UK vaccine roll-out

In early December 2020, Margaret Keenan, a 91-year-old Grandmother from Coventry was the first in the UK and the world to receive a Covid-19 jab. It kicked off a huge vaccination programme in Britain, the biggest ever witnessed.

The NHS offers the vaccines, for free, starting with those considered most vulnerable. Even though potentially a vaccinated person could still develop Covid-19 once they have received the jab, the likelihood is the symptoms and impact will be much reduced.

Supporting staff to get the vaccine is important, more so if you would like or prefer all your staff to get it. But what does the law say? Can you insist staff get the vaccine?

The Covid-19 vaccine is not compulsory. In fact, in the UK as in other countries, no law says anyone must have a vaccination. But as an employer, you’ll be keen to protect your staff and business from the mercies of the far-reaching and fast-spreading coronavirus and the Covid-19 disease it causes.

But if you can’t make vaccination against Covid-19 compulsory, what can you do?

Reputable vaccine information is key

Studies have shown that the key to encouraging people to take up the vaccine is information that is seen to come from a trustworthy source. Belittling people’s concerns or ridiculing them has the opposite effect – when someone is ‘made fun of’ or singled out, they retreat even further.

You’ll also need to tell staff if you plan on collecting data on which staff have and have not had the vaccine, and how this sits within GDPR and data protection requirements.

You’ll also want to encourage staff to attend appointments by paying them or if they need time off – side effects are not uncommon such as headache or feeling tired – in full rather than Statutory Sick Pay. You may also want to make it clear that time off after a vaccine will not be counted towards their absence record or as a trigger point.

Requirement, mandatory or optional?

As an employer, you have a legal duty to ensure the health and safety of your workforce and so it would seem reasonable to expect staff to be vaccinated against Covid-19. In a health and social care setting, requiring staff to have the jab seems ‘reasonable’ but according to The National Law Review, employers should be cautious about introducing a mandatory vaccination policy.

By doing so, there are many potential issues for an employer and infringing employees right to privacy under the Human Rights Act 1998.

Not just about the vaccine

Returning to work is not just about where staff are vaccinated or not. Currently, partial or full vaccination does not rule out all the other measures employers are taking, including wearing PPE and social distancing.

The vaccine roll out in the UK is well underway and although some people are unsure about opting for the jab, many more people are. Giving your staff information about the vaccine and the benefits is key. In some sectors, such as healthcare, making it a requirement may be possible although you will need to seek specific HR and legal advice as the correct way to implement this.

For all businesses, the threat from the virus has been real and it’s clear you’ll want to protect your business moving forward. But compulsory vaccinations is not currently an option although, in some sectors, it may be an ‘encouraged requirement’. Always seek legal advice before implementing any such policy.