VACCINATIONS CORONAVIRUS
By Fiona Harper Director of Employment & Skills
Can an employer make an employee get the vaccine? The vaccine isn’t required by law and there may be many valid reasons why an employee can’t be vaccinated. Some may fall within the protected characteristics under the Equality Act 2010, e.g. pregnant women and those with certain health conditions. A mandatory vaccination policy without exceptions would leave employers open to the risk of discrimination claims.
What if employees have religious or other objections? Some religious followers may refuse a vaccination because of its ingredients, e.g. pork gelatine, while vegans could object if it has been tested on animals. Both are recognised protected beliefs. A general belief against vaccinations is unlikely to be protected because the reasons why each person may hold this belief will differ. A more specific belief may be protected if the individual can explain it as part of a cohesive and serious conviction, although this would be difficult to prove.
What if an employee has medical reasons not to be vaccinated? It’s possible that employees with certain medical conditions will be advised against taking, or will choose not to receive, the vaccine. Such employees may have a disability and their choice not to get vaccinated could be “something arising from” that disability. This would mean they could be treated unfavourably as a
14 CABLEtalk FEBRUARY/MARCH 2021
Getting straight to the point
While it’s undoubtedly a positive step, rollout of the new COVID-19 vaccine also poses a challenge for employers. Some are already trying to make vaccination compulsory – but can you really force staff to have it? What if someone refuses or is exempt? We examine some of the most common questions currently being asked
result unless this was justified within the vaccination policy.
Can an employer dismiss an employee for refusing the vaccine? This is unlikely. A contractual obligation to be vaccinated is not likely to be reasonable unless it is necessary for the employee to carry out their role, e.g. in a high-risk healthcare environment.
Can employers provide the vaccination to their employees? Government medical experts have published an outline of how any vaccine will be rolled out. Healthier, younger members of the public will be the last to be offered a vaccine and vaccines will not be commercially available for some months.
Should employers pay for the vaccine for their employees? This is not currently an option. However, if an employer requires an employee to be vaccinated as a health and safety measure, it would have to pay. This would not be a taxable benefit if the cost is less than £50. It is also possible that, if the cost exceeds £50, the government will provide for an exemption.
How will a vaccine impact an employer’s risk assessment?
Employers should update their risk assessments to reflect the availability of the vaccine when it is rolled out more widely. These may need to determine if additional measures can be put in place if an employee chooses not to be vaccinated.
Read an expanded
version of this article at
www.cabletalk
magazine.com
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