CORONAVIRUS - 26.10.2020

Force staff to have a vaccine?

Approximately 240 different coronavirus vaccines are under development. In the event one is deemed suitable, can you insist that your employees have it?

Scientific differences. The coronavirus pandemic has been highly disruptive for the vast majority of employers and many employees remain working from home. Those that do enter the workplace have a raft of rules to follow, such as social distancing, and your workplace must be “Covid Secure” (see The next step ).

Medical progress. Various vaccines are now under development and there are suggestions that one could be rolled out imminently with the assistance of the new vaccine taskforce. The UK presently has no laws on mandatory vaccination - it’s a matter of individual choice - and the government says it has no plans to change things legally. Assuming this position remains, and a coronavirus vaccine is rolled out, could you insist that employees have one and/or make it a condition of employment?

Personal choice. The short answer is “no”. You’ve no right to insist on any vaccinations, either during employment or as a condition of employment. It’s also unlikely that any such requirement could be justified on health and safety grounds. But of course it could be highly recommended.

Potential risks. If you were to force an employee to have a coronavirus vaccination it could result in a number of employment-related claims, plus an accusation of criminal assault. There’s also a risk you could be liable in the event there was a vaccine injury or adverse reaction.

Tip. Just as you can’t insist on an employee having a coronavirus, or any other, vaccine there is no legal obligation on you to pay for an employee to have one. This is entirely your choice, but you may wish to do so or make a financial contribution. Many employers choose to do this for the regular ‘flu vaccine.

For further information about making a workplace Covid Secure, visit https://www.tips-and-advice.co.uk , Download Zone, year 22, issue 19.

Having any vaccination in the UK is a matter of personal choice. You cannot require it or make it a condition of employment. Equally, if a vaccine becomes available, an employee can’t demand that you pay for them to have it.

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