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Covid_19 Vaccination

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  • Covid_19 Vaccination

    Hi,

    My son who is a mobile Gas Engineer works for a Housing Association and he has today received a letter from his Employer headed "Formal Consultation - Mandatory Covid-19 Vaccination Requirement"

    He is to enter a period of consultation for a period of fourteen days from the 21st July and finish on the 3rd August 2021 and as part of the new legislation he is required to be fully vaccinated against Covid-19 and subsequent booster vaccinations going forward. The strength of the letter is "if you choose not to be fully vaccinated, you will be subject to dismissal from your current role".

    My son as mentioned is a Gas Engineer and has visited care homes twice in eight years of his employment to deliver a temporary fan heater however, they seem to be enforcing this legislation on him for full vaccination or lose your job! I fully understand about getting vaccinated however, I also respect his rights not to have the jabs if he so wishes not to.

    There is nothing in his Contract of Employment regarding this and I just need clarification as to what his rights are as an employee to the company.

    Many thanks

    Pete
    Tags: None

  • #2
    Currently there is no laws that says an employee must have the vaccine, even if an employer would prefer someone to have it. That said the government has proposed a change in the law, whereby it would require anyone who works in a care home in England to have the COVID-19 vaccine, unless they have a medical exemption. The plan is to introduce this change later in 2021.

    Given the limted contact your son has in a health care setting the employer may have a hard time arguing this qualifies under the proposed new legisltation.

    Your son's employer may argue that an instruction to have the vaccine could be regarded as a 'reasonable instruction' on their part but that will depend on the circumstances. Following that line of argument then failure to follow a reasonable instruction can lead to a fair dismissal, most likely 'dismissal for some other substantial reason' (SOSR). However, even where the instruction is reasonable, the dismissal process also has to be fair. Only an employee who unreasonably refuses, taking into account the circumstances and reasonableness of the request to be vaccinated could be fairly dismissed.

    If he does not wish to ve vaccinated then he needs to be given, via this consultation process, the opportunity to set out his rationale for the refusal, and the employer will need to consider the reasonableness of this.

    I would also be interested in the rationale the employer has for insisting on vaccinations.



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    • #3
      Originally posted by ULA View Post
      Currently there is no laws that says an employee must have the vaccine, even if an employer would prefer someone to have it. That said the government has proposed a change in the law, whereby it would require anyone who works in a care home in England to have the COVID-19 vaccine, unless they have a medical exemption. The plan is to introduce this change later in 2021.

      Given the limted contact your son has in a health care setting the employer may have a hard time arguing this qualifies under the proposed new legisltation.

      Your son's employer may argue that an instruction to have the vaccine could be regarded as a 'reasonable instruction' on their part but that will depend on the circumstances. Following that line of argument then failure to follow a reasonable instruction can lead to a fair dismissal, most likely 'dismissal for some other substantial reason' (SOSR). However, even where the instruction is reasonable, the dismissal process also has to be fair. Only an employee who unreasonably refuses, taking into account the circumstances and reasonableness of the request to be vaccinated could be fairly dismissed.

      If he does not wish to ve vaccinated then he needs to be given, via this consultation process, the opportunity to set out his rationale for the refusal, and the employer will need to consider the reasonableness of this.

      I would also be interested in the rationale the employer has for insisting on vaccinations.


      Many thanks for your prompt response Ula. I believe he will have to put his case to his employer and se what the outcome will be.

      many thanks for your help.

      Comment


      • #4
        Once he had done that if you or he have any further questions just come back to this thread.
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment

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