An issue confronting many employers is how to make their workplaces COVID-secure in the face of increased reluctance by some employees to take the jab.Pimlico Plumbers, one of the largest plumbing firms in the UK, plans to rewrite all of its workers’ contracts to require them to be vaccinated against COVID – 19. It called the requirement a “no brainer”; but is it as simple as Pimlico Plumbers makes it out to be?
This is the question that many of our clients are asking, particularly those working with the sick and vulnerable. Sadly it is not that simple. Neither the law nor any guideline given by the government on the management of the pandemic or the vaccination rollout suggest compulsion. No guidance can be found in the H&S Regulations, Public Heath (Control of Disease) Act 1984 or the Public Health (Infectious Disease) Regulations 1988. So if the law does not make vaccination compulsory and vaccination is a “treatment” under section 145 of the MHA, which any adult with can decline to have, how can an employer provide a covid-secure workplace without making vaccination compulsory?
This question and more are some of the questions that employer will need to grapple with in the coming days. The duty to provide a safe and Covid-secure workplace in the face of the mounting opposition to the vaccine, will put pressure of HR, Employment Law and H&S practitioners to find a solution to this problem. employee’s rights.
“ Neither the law nor any guideline given by the government on the management of the pandemic or the vaccination rollout suggest compulsion”
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