No Jab, No Job – Can My Employer Make Me Get A Covid-19 Vaccine?

As of July 2021, there were some 46 million people in the UK who had received a Covid-19 vaccine. However, there are still numerous people who, for one reason or another, still not taken up the offer of a vaccine yet.

July 2021 saw the UK Government approve compulsory vaccinations for staff working in care homes (i.e. care home workers working in care homes registered with the Care Quality Commission (CQC)) in England from October 2021 unless they have a medical exemption. There is also talk of making jabs mandatory for NHS workers.

Such a move undoubtedly means there will be workers who, for whatever reason do not wish to take a Covid-19 vaccine, will be concerned about their autonomy and their jobs.

This article tackles some FAQs if you are one of those people or you know someone who is.

Click here to watch a video with further information.

Can my employer make me get a Covid-19 vaccine?

An employer cannot force you to be vaccinated if you do not wish to be so. The difficulty is that it may be within their rights (circumstances depending) to take action (which could be disciplinary or dismissal or otherwise) if you still choose not to be vaccinated. Primarily, the employer has got to believe that there are good reasons for making Covid-19 vaccinations mandatory for its workforce. 

With care homes in mind, employers are likely to be of the view that refusal to take the vaccine could pose a threat to other staff, the individual themselves and its service users.

What are my employment rights regarding refusal to get a Covid-19 vaccine if my employer is insisting that I get one? 

The most sensible first step is to have a formal conversation/meeting with your employer. This could be with their HR department or with an appropriate manager. 

As expressed above, unless you are a worker in a sector or job where there is a likely significant risk to others if you do not have the vaccine (and your employer will need to have carried out a risk assessment to reach this conclusion), it is unlikely that your employer would be able to insist you get the vaccine or be able to take action (whether redeployment, disciplinary, dismissal or otherwise) against you for refusal to do so.

Tactically speaking, it is worth mentioning at this point that those employees who have less than two years continuous service will not (unless in limited circumstances which will not be discussed in this article) have the right to claim unfair dismissal. Therefore, if you are in the category where you have less than the two years’ service, you may be in a difficult situation where you are dismissed from your role without much legal recourse apart from your notice pay and any other fringe benefits.

Does my employer need to be notified that I am getting a Covid-19 vaccine? 

The short answer is no. The only foreseeable circumstances where it may be appropriate to do so if your employer has a covid-19 policy which obliges its employees to notify it when they have vaccinations. 

Will I have to tell prospective employers whether or not I have been vaccinated, or are prospective employers allowed to probe into whether or not I have had the Covid-19 vaccination?

The lines here are admittedly blurry.

Generally speaking, employers are not allowed to ask prospective employees health-related questions. This would include questions regarding vaccinations.

The main question in the employer’s mind will, as above, need to be whether there is a particular health and safety concern/need that is related to the job role. If there is a legitimate concern or health concern, then it is likely that an employer is allowed to ask and know whether you have been vaccinated or not.

We are entering into a period of time where some employers outside the health care sector have made job offers conditional on proof of Covid-19 vaccinations. Pimlico Plumbers is one of those employers.

Believe it or not, such a move is lawful as long as it does not discriminate against those who have a lawful exemption for not being vaccinated (currently those with a medical exemption). Pregnant mothers and those whose age groups have not been summoned for vaccination are also likely to be able to be caught within this scope of people who are exempt. 

For more information or to speak with Roy Magara,  a specialist employment lawyer at Magara Law, please call 01869 325 883 or email roy@magaralaw.co.uk. Magara law is an employment law firm based in Bicester, Banbury and Paddington, London, and services clients nationwide.