Can your boss insist you get vaccinated against Covid-19?
You’re no doubt aware that the Covid-19 vaccination programme is being rolled out worldwide. Hopefully, this will lead to the end of disruption caused by the pandemic. Until then, we all still need to maintain Covid-secure workplaces and behaviours.
Choosing whether or not to accept the vaccine (when your turn comes around) is very much a personal decision. But employers obviously want to get their workforce back to business as normal. What would you do if your boss insists you are vaccinated?
This article explores the legal issues.
In the UK, it is not compulsory to have the Covid-19 vaccine, so your boss can’t force you to have it. For example, they can’t introduce it as company policy or threaten legal action if you refuse. (That said, there might be an exception if you work in the health and social care sector.)
- This would be likely to breach your human right to privacy
- It might be discriminatory if you refuse because of, for example, pregnancy or your religious belief
- You could argue the requirement breaches the trust and confidence between you and your employer, resign and claim constructive dismissal
If your employer does consider it crucial that their staff are vaccinated, they should carry out a risk assessment, justify the requirement, consider your personal response, look at alternative working arrangements if required, and follow a fair process.
Under health and safety law, employers have a duty to reduce the risks to their employees’ health, but this shouldn’t be done in a heavy-handed way. Perhaps they could encourage vaccination by communicating the benefits to you and the people you meet at work, provide links to NHS information so you can make an informed decision, and give you paid time off to attend your vaccination appointments.
Asking if you have been vaccinated is sensitive health-related information and so is protected under data protection law. This means your employer should check that their data protection policies and privacy notices cover this, and carefully handle any vaccination information they collect.
You should not be treated less favourably because you have or have not been vaccinated. For example, if you’re working from home because you’re non-vaccinated, and this leads to bullying or harassment from your colleagues, it should be treated as a disciplinary matter.
What this means to you
If your employer fails to comply with the law, you may be able to make a claim against them. Please gives us a call and we’ll advise your chances of success and explain how we can help.
Related reading
- Covid-19: Employment rights Q&A
- I refused to attend my unsafe workplace
- I was sacked after having time off sick with Covid-19
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