Legal update
to have in place a rigorous system and perhaps a checklist so that when presented with a self-certification form by an employee, questions can be asked, and relevant checks made, and evidence obtained where reasonably necessary. For example, where an employee has had an adverse reaction to a first dose, it would probably be reasonable for an employer to ask for a letter from the employee’s GP to confirm that condition. The checks required will depend on
the facts of each individual case and employers will need to strike a careful
balance between not carrying out any checks whatsoever, and imposing requirements that are too onerous to the extent that they might be considered unreasonable.
Conclusion As per my last article, I mentioned that the government’s own central estimate of the workforce that may be unvaccinated by the end of the grace period could be 40,000 workers, equating to seven per cent. It will be interesting to see the actual figures which should be available soon after 11 November. It is easy to understand the
government’s reasons for having to legislate quickly and sometimes perhaps without lengthy or proper consultation when dealing with a pandemic. There are good operational reasons why action needs to be taken without delay in these circumstances. However, the less consultation and
the shorter the time between legislation being passed and implemented will always result in a greater likelihood of judicial challenge. It will be very interesting to see what the courts decide.
TCHE
Tom Lumsden
Tom Lumsden is a partner at CooperBurnett LLP in Tunbridge Wells in Kent, specialising in commercial property. Tom has particular expertise in the sale and purchase of care homes, including acquiring land for care home developments.
Disclaimer
The above article is not intended as legal advice and must not be relied upon as such.
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Introducing our new bed angel - scan for video demo November 2021 •
www.thecarehomeenvironment.com 17
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