27 Jan The Vaccination Minefield
A growing number of employers of domestic and household staff are considering adding a new question to interviewees and specifying new mandatory criteria in job advertisements: ”Covid-19 Vaccinated applicants only need apply”
This is a potential legal minefield and at present there is no legal determination to date as to the question: ”Is this legal?”
In London, Pimlico Plumbers has initiated a policy of: “No jab no job.”
Saga Holidays has announced that it will not accept passengers on their cruise holidays who have not been vaccinated.
But the questions are many. Does this discriminate against applicants who choose not be vaccinated to be vaccinated on the grounds of disability or religious belief?
Yes it could be potentially, depending on the situation but a key question will be whether this approach can be objectively justified in which case it may not be.
Would the employer/potential employer be open to a claim of discrimination?
Yes same answer.
Can an employer force, or attempt to force an existing employee to be vaccinated? . Is such an instruction enforceable?
An employer cannot force this. However they could dismiss an employee who refuses. If the employee has more than 2 years service then the employee may be able to bring an unfair dismissal claim and potentially human rights claims
Another issue is how can someone prove they have been vaccinated?
If a simple card is to be given by the government to those who have been vaccinated, how easy will it be to create or buy a false card?
Some guidance on these issues may emerge in the future, but at present the picture is unclear. Our advice is to obtain appropriate advice and guidance before taking any decisions.
The Graham Agency, keeping you informed.