Can the Government force you to have the coronavirus vaccination?
An individual must give their full and informed consent to being vaccinated. In the UK, nobody can be forced to be vaccinated.
Can an employer dismiss an employee for refusing to have the vaccine?
An employer is likely to face employment tribunal claims if they did this. Those claims could be for:
- Unfair dismissal.
- Disability discrimination: for example, if the employee genuinely believed having the vaccination would be dangerous because of their disability.
- Religious discrimination: as vaccines might have been tested on aborted foetuses, some Catholics and Jehovah’s witnesses may object.
- Pregnancy discrimination: where a pregnant or breastfeeding woman chooses not to have the vaccine for the sake of her baby.
- Human rights.
However, organisations such as the NHS and nurseries will be in a much stronger position to justify taking action against someone refusing a vaccination as it is crucial to ensure the workforce is immunised and not passing the infection on to patients and children.
We have already seen a business in London state it will amend its contracts of employment to make it a requirement that staff have the vaccine. Whether this is justified will be unlikely, especially as the vaccine cannot be purchased privately.
What else can be done?
Employers should make decisions based on the facts of each case. They may want to look at their sickness policies to consider whether company sick pay is paid to staff who refuse to have the vaccine and subsequently take time off with Covid-related issues. However, employers should consider the circumstances and beliefs of particular employees before making any decisions in that regard.
If you require any further employment advice, contact hbelton@morganlaroche.com
