Some companies are talking to staff about returning to the work place following the government’s recent announcement. With the roll out of the Covid vaccine steaming ahead at 100 miles an hour we’ve been hearing more talk of “No Jab No job”.
The owner of Pimlico, a London based plumbing firm, has already spoken out to say he will not be offering a job to anyone who has refused the vaccine on non-medical grounds.
Care home operator Barchester Healthcare has also said that all new staff will be obligated to get the jab with this statement on its website:
“With regards to our staff, we are doing all we can to reassure and encourage those who are a little more reticent to have the vaccination, and we are also ensuring that all new staff must have the vaccination (if they medically can) before starting work looking after our vulnerable residents and patients who are in our care,”.
Whilst this may be acceptable from a legal standpoint for new employees. Anyone who tries to enforce this for existing staff will be on very shaky ground. It’s very unlikely that existing terms of the employment contract will have clauses allowing this. Trying to force existing employees to have the vaccine who don’t want to will most probably end up in an employment tribunal.
What are the Legal Pitfalls of Insisting your Employees are Vaccinated?
Whilst the UK government hasn’t made it mandatory there is talk of certain sectors insisting that staff are vaccinated. These include healthcare workers or those that have to travel overseas for their job.
Taking this stance as an employer will come with risks. Disciplinary procedures, discrimination and the contractual pitfalls of doing this are going to be under the microscope by tribunals. Therefore, any requirement for staff to have the vaccine would need to include exceptions.
Data protection also needs to be considered if you’re getting involved in employees’ medical data. This is classed as sensitive data under data protection legislation and stricter guidelines must be followed.
What Measures Can You Implement as an Employer to Keep your Employees Safe When Returning to the Work Place?
If you’re a business which requires its employees to be in the work place then you may be considering the introduction of Covid test kits. Returning to the work place maybe a scary thought for most staff. It is therefore important that employers make it as safe and easy as possible.
Advice regarding fresh air flow in enclosed workplaces will be provided by the government. Also, as mentioned above, the government’s offer of free test kits to work places for staff who cannot work from home will be extended until end of June. However, organisations will need to register their interest before 31 March here.
Risk Assessments Need to Cover Some of the Following Control Measures
- Social Distancing
- Pinch and Congestion Points
- Communal Areas
- Hand Sanitizer
- Face Coverings
- Signage
Given that the vaccine is only currently available to limited priority groups it cannot form part of a company’s control measures in a Covid-19 secure risk assessment. However, that’s not to say that it cannot be introduced as a reasonably practicable control measure once it’s more widely available.
As an Employer you have a duty under the Health & Safety at Work Act to keep your employees safe. The key words to consider under the act are “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees. For an employer to meet their statutory obligations all they need to do is “encourage” its staff who have returned to the workplace to have the vaccine.
Communication is therefore key to educate and train staff. Once more information is widely available then staff briefings and training should take place. Reminding managers and staff what is available and of course, as mentioned above, utilising the testing kits available.
What Documentation will I need as an Employer?
A Covid-19 secure risk assessment is a must to ensure you staff are safe when returning to the work place. It’s a legal requirement and needs be kept under regular review and adapted as new information becomes available.
Safe systems of work through policies and procedures are a key factor to ensure everyone in the work place is informed. We cannot impress on you enough how important this is to keep the work place a safe environment for everyone.
Government guidance is still very much – anyone that can work from home should. Employers therefore need to have a robust set of “Work from Home” policies in place too.
If you haven’t done so already, you should be reviewing and adapting existing policies. Also, introduce new ones to educate your staff on the measures you are going to implement.
How Can I Encourage Staff to Have the Vaccine?
The approach you take must to be well thought out. As mentioned, depending upon the industry you work in, current employment contracts are unlikely to allow you to force employees to have the vaccine. Encouraging employees is going to be the best approach. This can be achieved by sharing accurate, credible and reliable information with them. Most importantly lead by example by ensuring all senior staff have the vaccine. Also, be flexible in your approach by allowing time off for vaccine appointments.
Remember, having the vaccine is a matter of individual choice. Talking to your staff and taking each on a case-by-case basis is the safest approach, rather than a blanket “catch all” system. Employees will have lots of different reasons why they do not want the vaccine. This might be because of religious beliefs or medical reasons. Dismissing an employee for refusing to have the vaccine should be a last resort and a very risky option. Employers who do go down the dismissal route should be prepared for an unfair/constructive dismissal or discrimination claim.
We are receiving lots of enquiries from companies who are struggling to implement all the new policies and procedures that are needed. As employees are returning to work it’s important to make the workplace a safe place for all. We can help you review and draft new policies if it’s something you are struggling with so please contact us.