No jab, no job? | UK government passes regulation mandating Covid-19 vaccinations for care workers

The recent decision by the UK government to require those working in the care sector in England to be vaccinated against Covid-19 has reignited the debate on the legality of ‘no jab, no job’ policies in other sectors.

This blog series will look at the vaccination policy due to be brought into law in the care sector and whether it might be extended to other health and social care settings, as well as paving the way for employers in other sectors who want to mandate vaccination as a condition of employment.

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

Last week, the UK government is passed an amendment to The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 called The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021. The regulations make vaccination against Covid-19 a requirement for deployment into a care setting in England, thereby extending its application beyond care workers to any person entering into a care home for employment purposes, unless exempt. The aim of the government is to ensure that all care homes in England meet the minimum target of 80% vaccinated with at least one dose so that residents are at a minimal risk of contracting or falling seriously ill from the virus.

What does this mean for care workers?

The regulations will come into force on 11 November 2021, giving workers entering into a care setting a 16-week ‘grace period’ to receive both doses of an approved Covid-19 vaccine, unless exempt. The consequence of these new regulations is that employers in the care sector will now 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. The Equality and Human Rights Commission has advised that any such action would unlikely amount to discrimination because the government is ‘right to prioritise the protection of life’.

Even so, the government policy has been met with some pushback. In response, it has been reiterated that it is already commonplace for medical professionals in certain settings to be required to be vaccinated. The Prime Minister referenced the requirement that a surgeon be vaccinated against hepatitis B as one example while giving evidence to the Commons Liaison committee. This, then, raises the question of whether the vaccination requirement might be extended across the NHS.

Is the government looking to extend this policy across the NHS?

When the government announced the policy for workers in a care setting, it also confirmed its intention to launch a further consultation on whether to extend it to other health and social care workers ‘in due course’. This would make receiving both doses of a Covid-19 vaccine a condition for deployment into a health and social care setting, unless exempt. An extension of the policy would follow other countries such as Italy, France and Germany.

What should employees look out for?

For now, employees working in a care setting should be mindful that, from 11 November 2021, these Regulations will provide their employer with a legal basis to re-deploy or dismiss them.

Looking further down the line, employees should be aware that it appears likely that these regulations will be extended to cover all areas of the NHS – keep an eye on gov.uk for any announcements.

It will also be interesting to see whether the devolved governments of the UK decide to follow suit (though see here for the Scottish government’s current position).

Next time…

In our next blog, we will discuss the potential legal barriers to such an extension and provide some guidance for both employees and employers.

Contact us for advice

If you have any questions about the topics raised in this blog, please don’t hesitate to get in touch.