Can Employers Make COVID Vaccines Compulsory?

With the UK coronavirus vaccine rollout well underway, both employers and employees alike are looking to the future and many are hopeful to return to some form of ‘normality’ in terms of their working life in the near future. Due to the fact that vaccines are the most effective way to prevent infectious diseases and considering the economic devastation of this pandemic, business owners have started to question whether they can make vaccines compulsory. 

For some, this will seem like a ridiculous thought, however, on the contrary, others will see compulsory vaccinations as a brilliant idea. In order to see whether this is something that may actually be enforced by employees this year, many have started to enquire what the law says in this regard. As you may expect, there is not a straightforward answer as to whether it is lawful or not to make any type of vaccine compulsory in the workplace.

What does the law say in this regard?

Simply put, employment law specialists are currently advising that making the coronavirus vaccine compulsory and essentially ‘forcing’ employees to have the jab could be very risky. 

You cannot physically force anyone to take a vaccine, it goes without saying that this is a criminal offence, and the repercussions that employers are considering putting in place for those who do not have the vaccine may result in them being taken to the employment tribunal. 

For example, it is likely that if employers take disciplinary action on employees who refuse to have the vaccine and end up dismissing them, then this could lead to a number of claims of unfair dismissal. It is also likley that employers will end up facing other claims under the Equality Act 2010, such as discrimination claims, if they take disciplinary action on employees who refuse to have the vaccine on religious or medical grounds, for example, if they are pregnant. 

In order for employers not to face these types of claims, they would have to clearly show that their policy regarding vaccinations is reasonable and proportionate. This would include them having to assess the level of risk in the workplace posed by unvaccinated employees etc. which will probably be a huge legal burden. 

What should employers do regarding the vaccine?

Currently, employment law specialists are advising employers to opt against making the coronavirus vaccination compulsory and by doing so, they will save themselves a lot of legal hassle. Whilst there is nothing wrong with encouraging their employees to receive the vaccine when it is offered to them, actually going ahead and making it compulsory will likely lead to multiple legal complications later down the line. 

If you are keen for your employees to have the vaccine, the best thing you can do is to ensure that they have access to factual and reliable information about the vaccine, enabling them to make their own informed decisions. You may also want to allow paid leave for vaccination appointments if they are during working hours too. 

What does the future look like for compulsory vaccines?

It is hard to say what the future holds in terms of compulsory vaccines for the coronavirus, but there is no denying that it is something that is being considered in a number of different industry sectors for health and safety reasons, especially the healthcare and travel sectors. 

Due to the fact that in some healthcare settings, employees being unvaccinated may present as a threat to patients, it may be the case that they are compulsory eventually. Also, with speculation surrounding whether people should be allowed to travel abroad if they have not had the vaccine, many are wondering where employees such as flight attendants and cruise ship staff will stand in this regard. 

Speaking to an employment law specialist in London 

Whether you are an employer looking for some clarity regarding the policies you would like to put in place relating to coronavirus or you are an employee on the receiving end of disciplinary action relating to a new coronavirus policy, it goes without saying that it is always beneficial to reach out to an experienced employment law specialist for some tailored advice. This way, you can have peace of mind that you are making the right decisions legally moving forward. 

Should you be searching for an employment law specialist in London, be sure to contact us here at Nationwide Employment Lawyers. Our knowledgeable team will gladly provide you with the employment law advice that you require and over our many years of experience, we have assisted both employers and employees with a wide range of different employment law issues. You can trust that we are the best law firm to reach out to in this regard and we will always assist you in any way we are able to.