We have received many queries recently about the Covid-19 vaccination and whether employers are entitled to insist on their staff receiving it. Below we have answered some of the commonly asked questions:
Can my employer insist on me being vaccinated?
In short, probably not.
Other than the impending change in the law in England for care workers, there is no other law in the UK requiring people to receive a Covid-19 vaccination.
If an employer insists on vaccination, they will need to have a good reason for it. The argument is likely to be stronger in care or hospital settings where employees will be in contact with vulnerable people.
Insisting on vaccinations could potentially breach the right to privacy or be discriminatory if the refusal is based, for example, on disability, pregnancy or religious grounds.
If your employer is insisting you get a Covid-19 vaccination, you should try and discuss your concerns with them.
If you are dismissed for refusing, you may have a claim for unfair dismissal. It will be for the employer to justify at the Tribunal why they required you to be vaccinated and why it was reasonable to dismiss you for refusing to do so.
Do Care Workers have to be vaccinated?
From 11 November 2021, anyone working or volunteering in a Care Quality Commission (CQC) registered care home in England will need to be fully vaccinated against coronavirus (COVID-19), unless exempt. As things stand, this will not apply to any other part of the UK.
The key dates for that process are:
- 22 July (this is when the grace period starts)
- 16 September (last date for care home workers to get their first dose so they are fully vaccinated by the time the regulations come into force)
- 11 November (regulations come into force)
Can care workers be dismissed for not getting the vaccine?
You are entitled to claim for unfair dismissal if you have been employed for at least two years.
After 11 November, if you work in a CQC care home, a dismissal for a refusal to provide proof of having been vaccinated, any dismissal on these grounds could be deemed to be a potentially fair dismissal. Your employer will still need to follow a fair procedure and explore all of the other options available to you.
Is it discrimination to insist that I am vaccinated?
If you believe your employer is treating you differently because of a protected characteristic (see here), or you do not wish to be vaccinated for reasons relating to a protected characteristic, you may be entitled to bring a discrimination claim.
Related reading
- Covid: Simple Guide to returning to work post pandemic
- Covid: Working from home – a professional guide to your rights
- Covid: Work:life after furlough – a simple employee’s guide
- “Do I have to work if there is a Covid risk?”
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