Since its widespread roll out over the past year, the UK Government’s COVID19 vaccination programme has been largely successful. To date, over 70% of the population are fully vaccinated and a vaccination booster programme has now been implemented. Currently, compulsory vaccination only applies to those working in registered care homes in England (n.b. there are some exemptions). Because of the high uptake of vaccination amongst all constituent parts of the UK, it is unlikely that the devolved administrations or the UK Government will extend vaccine mandates to further sectors. Indeed, the trend appears to be going in the opposite direction with the UK Government recently abandoning compulsory vaccination for National Health Service (NHS) staff in England and the Scottish Government halting any extension of their vaccine certification schemes to further venues.
Can UK employers legally mandate vaccination against COVID-19?
As the “work from home” requirement gradually lifts for all nations across the United Kingdom, and the statutory position set out above is unlikely to change, the question becomes whether employers can lawfully mandate workers to be vaccinated against COVID-19. Last year it was heavily featured in UK media that companies such as Pimlico Plumbers intended to require new recruits to have had the vaccine – a so called ‘no jab, no job’ policy. However, there are a lot of questions raised by these types of policies and whether they are legal and/or justifiable.
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