We previously looked at the UK government’s policy on compulsory vaccinations for care workers and whether it might be extended to NHS workers. The UK government has now confirmed this extension and so this blog will go through the policy, explaining what the extension means for NHS workers.

What is the UK government’s policy on mandatory vaccinations?

Last week, the UK government confirmed its intention to extend its vaccination policy to all NHS workers. This will make vaccination against Covid-19 a requirement for deployment into any health or care setting in England.

Who does the extension of the policy apply to?

The UK government has confirmed that the policy will apply to ‘health and social care workers who have direct, face-to-face contact with people while providing care,’ unless exempt. This includes doctors, nurses, dentists and domiciliary care workers.

Why is the UK government extending the policy?

While the UK government acknowledges that, on the whole, vaccination uptake has been high among NHS workers (almost 90%), there are over 100,000 workers who have not been vaccinated against covid-19. Therefore, the UK government believes that extending the policy will maximise protection for vulnerable people using the NHS.

Is there a precedent?

The UK government’s covid-19 policy for workers in a care setting has not yet been subject to challenge, though this may change now that the deadline for receiving both courses of the vaccine (11 November 2021) has now passed.

However, the UK government says that there is already a precedent for mandating vaccination:

Workplace health and safety and occupational health policies are already in place to ensure those undertaking exposure-prone procedures are vaccinated against Hepatitis B – such as surgeons, because of the potential health risk.

The Equality and Human Rights Commission has also previously advised that any such action would unlikely amount to discrimination because the government is ‘right to prioritise the protection of life’.

What does this mean for NHS workers?

The regulations will come into force on 1 April 2022, giving workers entering into a care setting a 12-week ‘grace period’ to receive both doses of an approved Covid-19 vaccine, unless exempt. After the 1 April 2022 NHS employers will have a legal basis under which they can redeploy or, if this is not an option, dismiss employees who refuse to be vaccinated against Covid-19.

Want to know more?

We previously considered the legal consequences of the UK government’s ‘No Jab, No Job’ policies (see here).

If you have any questions about the topics raised in this blog, please don’t hesitate to get in touch. Our team of employment solicitors is highly experienced in advising both employees and employers alike, providing specific expert advice tailored to your particular circumstances. You can also take a look at the other pages on our website, where we explain terms such as ‘dismissal’ and ‘discrimination’ in more detail.