1 in 5 employers to insist on staff being vaccinated against Covid

One in five employers want to introduce a ‘no jab, no job’ policy over the next year, according to a poll carried out for Acas.

Acas commissioned YouGov to ask British businesses about whether they plan to make it a requirement for staff to be vaccinated against Covid-19 as a condition of employment.

Acas Chief Executive, Susan Clews, said: “Most workplaces are starting to navigate what working life should look like post-pandemic.

“1 in 5 employers want to make it a requirement for staff to be vaccinated against COVID-19 in the year ahead but this is a very tricky area of employment law.

“It is always best to support staff to get the vaccine rather than insisting that they get it and it’s a good idea for employers to get legal advice before bringing in a vaccine policy.”

There is currently no law in England, Scotland or Wales that says employees must have the vaccine.

The government removed the previous requirements for care home, health and social care staff on 15 March 2022.

It is understandable that employers wish to protect their staff and their businesses against the problems caused by Covid, but they need to tread carefully to avoid potential claims being brought by those who may be opposed to vaccinations for various reasons.

For example, pregnant women and people with underlying health conditions may be reluctant to be vaccinated. Such groups may argue they are disproportionately affected by a vaccination mandate and bring an indirect discrimination claim.

Employers should seek legal advice before acting and preferably draw up a vaccine policy in consultation with staff.

Consultation can help to formulate a policy that’s acceptable to everyone while accomplishing the company’s aims and avoiding potential tribunal claims.

Please contact us if you would like more information about the issues raised in this article or any aspect of employment law.