As one of the Covid-19 vaccines has obtained approval from the UK regulator, organizations are now questioning whether they can insist on employees to get vaccinated before returning to the workplace. But for this, there are legal and ethical concerns that need to be acknowledged.
Firstly, the Covid-19 vaccination program will not be enacted compulsory as the UK government doesn’t have the legitimate power to do this. The government of the UK has the authority to control, prevent, or mitigate the spread of contamination or infection under the Control of Disease Act 1984. But, under this Act, procurements cannot be made to compel any individual to undertake medical treatment. Also, it would incorporate having a vaccination. On this basis, eventually, it is the decision of the person as to whether to get vaccinated or not.
Can Employers Require Employees to Be Vaccinated Against COVID-19?
The organization may first consider the liabilities which are there in place with the workers. It would be extremely improbable that the UK government include terms that would enable an organization to take such a radical step. It is remotely conceivable that an organization may have a condition in its employee contracts that covers medical tests, which may allow an organization to rely on this to some extent, depending on the scope of the drafting. However, it would unquestionably propose some human rights concerns, along with problems around worker approval depending on how and by whom the vaccine is regulated.
Further, it is improbable that compelling workers to get COVID-19 vaccination could be justified by an organization in practice as reasonable and lawful instruction. Commanding workers to get vaccinated, and taking action like dismissal if the command is refused, would assuredly be detrimental to wider worker relations. Also, it would bring a high uncertainty of employment tribunal claims. Executing such a requirement, as a condition of employment or ‘feasible instruction’ would bring the risk of discernment obligations by those with preserved characteristics with the reason as to why they are inadequate to be vaccinated like religion or disability. Any unfavorable impact on such workers can increase the risk of discrimination allegations, along with the chance of constructive dismissal obligations like the worker can resign as a result.
Also, it should be kept in cognizance that the Covid-19 vaccine was developed recently. That is why its effectiveness and long term side effects persist to be unclear. Public opinion of the vaccine is mixed. The organizations need to balance these solicitudes and proceed to promote all ways of ensuring the health and wellbeing of the employee, including the use of face masks, social distancing, and sanitizing.
Final Words
Organizations should carefully consider the practical rationalizing for the COVID-19 vaccine proposal for employees and whether it is considered to be logical when evaluated against the possible negative impact on worker associations and high risk of claims.
To know more about whether the employers require employees to get the COVID-19 vaccine or not, attend the Compliance Prime webinar.
