Vaccine 'highly protective' against Delta variant says professor

When you subscribe we will use the information you provide to send you these newsletters. Sometimes they’ll include recommendations for other related newsletters or services we offer. Our Privacy Notice explains more about how we use your data, and your rights. You can unsubscribe at any time.

Prime Minister Boris Johnson announced that lockdown would continue for another four weeks – changing the goalpost from June 21 to July 19 for ‘freedom day’ and allowing millions more to get their second Covid vaccine. The advice remains for workers to work from home if it’s possible to do so. The Government will encourage people to work from home until the final coronavirus restrictions are removed.

Can your employer insist you get the vaccine?

Your employer is legally allowed to ask you about your vaccination status, but they cannot force you to get the vaccine.

Jayne Harrison, Head of Employment Law at Richard Nelson LLP said: “At present, the UK government has no legal power to compel vaccinations.

“Similarly, employers in the United Kingdom have no statutory right to compel an employee to be vaccinated.”

She added that employers or employees may wish to check if there is anything in their contracts regarding vaccines.

However, she added: “It is difficult to see that any employer would have the contractual right to compel an employee to have a vaccination without their consent.

“This would pose a possible human rights argument and be prohibited by the criminal law on assault, and even grievous bodily harm, if the consequences of the treatment are serious.”

She added: “Employers could face challenges from employees should they try to impose vaccinations such as claims of constructive unfair dismissal or even automatic unfair dismissal should an employee claim their refusal is due to health and safety concerns.”

Can they stop you coming into the office without a vaccine?

Ms Harrison said employers could face legal claims under the Equality Act or claims of unfair dismissal if employers refuse to allow unvaccinated workers back into the office.

She said: “Employers might want to tackle vaccinations in the same way they do for the flu vaccine.

“Giving employees information and the choice to be vaccinated should they want to.”

Can they make you take a Covid test?

Employers cannot legally force employees to take a Covid test or disclose their results.

Ms Harrison said: “Employees who have a negative covid result or who received a positive test but are working from home do not need to tell their employer the result by law.

“There may be significant data protection considerations that apply in respect of this health information if retained by an employer.

“Further, an employee has the right to respect for private and family life under article 8 of European Convention on Human Rights.”

Can you keep working from home?

You can ask to keep working from home when the advice changes, but your employer doesn’t have to agree.

The Chartered Institute for Personnel and Development (CIPD), which represents HR professionals, says decisions will depend on factors including individual circumstances and the type of job.

It says: “Employers have a duty of care to all their staff and [must] treat people reasonably and fairly… and be as flexible as possible when dealing with any concerns people have.”

Source: Read Full Article