Employment Law By Dee Woodcock

Does an employer have a health and safety obligation to ensure their employees are vaccinated?
No. Not at present.

What an employer does have is an obligation to ensure it complies with the Health and Safety guidelines set out by Government as part of the Covid-19 secure guidelines. This means it must ensure it has health and safety equipment in place, as well as safe working practices to minimise the risk of people’s exposure to Covid-19.

Vaccination can and will assist the employer in meeting obligations, but not replace them. Employers cannot currently insist employees have the vaccination. But they can encourage and support employees to get vaccinated as part of general Health and Safety obligations.

Employers could consider a policy on Covid-19 vaccination as part of ongoing engagement and communication with employees about the pandemic. This policy should encourage and support employees about vaccination but should also accept and acknowledge there will be circumstances in which vaccination may not be appropriate. It may provide for paid time off to attend vaccination appointments and offer enhanced sick pay, should an individual experience a side effect which may prevent them from attending work.

For more details or assistance, contact Dee Woodcock or David Coward on 01722 410664 or email dee.woodcock@sampsoncoward.co.uk or david.coward@sampsoncoward.co.uk