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No Jab No Job

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Have you been affected by a no jab no job policy?

There has been a lot of press coverage in recent months about MPs having approved that all care home staff are required to be fully vaccinated by 11 November, unless they have a medical exemption.  On Tuesday this compulsory vaccine rule was extended when the Health Secretary announced that vaccines would be compulsory for NHS and social care workers by 1 April. 

These new regulations will cover health and social care workers who have direct, face-to face contact with people while providing care, and will not only include doctors, nurses, dentists and domiciliary care workers. but also ancillary staff, including porters and receptionists who may have social contact with patients.  Those who have no contact with patients, or who are medically exempt, will not be required to be fully vaccinated.  This announcement has caused waves within the NHS and also the care sector, with many raising concerns about staff shortages due to loss of employment.  The knock on effect of this could cause care companies to collapse.

It is currently only a legal requirement for those working in care homes from the 11 November 2021 to have been fully vaccinated against Covid-19, and those working in the NHS staff and care homes sector from the 1 April.  However, many other employers in other sectors are now also adopting a ‘no jab no job’ stance by making a job offer conditional on this.   Some employers are even introducing a policy making it mandatory for existing staff to be fully vaccinated against Covid-19.  Making it a rule that it is necessary for new and existing staff to be fully vaccinated against COVID-19 is likely to create problems for employers, increasing the risk of claims to include, but not limited to, claims for unfair dismissal, constructive dismissal and disability discrimination. 

We have recently received an increase in enquiries from individuals within the care sector seeking advice and assistance on how the above legal requirement will impact their employment.  If you have concerns and require advice please contact Talbots Employment Team on 0800 118 1500 or email Reyhana Koser. Our team will be able to advise you on your rights, how to raise a complaint and assist you with your employment tribunal claim.

If you are employer who is considering introducing a mandatory vaccination policy, our Employment Team can advise you on the contents and its implementation in order to help reduce the risk of employees raising grievance or employment tribunal claims.