Covid

Q Can I require my employees to be vaccinated?
A It is unlikely that the employers’ duty of care under the Health and Safety at Work Act 1974 will include the requirement of all employees to have the vaccine. However, employers have a duty to take all reasonably practicable steps to ensure the health, safety and welfare of their staff. Medical intervention requires an employee’s consent, so trying to force employees to have the vaccine may well trigger a breach of human rights, and possibly criminal charges of assault. 
What can be done will depend on the industry and the role of the employee and what the contract says. Employers should consider whether there are any other reasonable steps that can be taken to mitigate the risk of exposure to coronavirus before requiring employees to have the vaccine. Some employees will have valid reasons for refusing to have the vaccine and will receive legal protection against action taken against them for this reason. 

Q Can I require my Care Home employees to be vaccinated?
A Certain care home workers in England are legally required to be fully vaccinated under the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021. The respective governments in Scotland and Wales have confirmed that care home staff in those nations will not be legally required to have the vaccine.
In England the Care Home must be registered with the Care Quality Commission and provide nursing or personal care where the staff member is not medically exempt from having the vaccine. It applies to: all workers employed directly by the care home or care home provider, those employed by an agency and deployed by the care home, volunteers deployed in the care home and those who do not have a medical exemption to having the vaccine. For the steps you can take and the legal risks see.

Q My employees are mainly young and not many have had the Covid vaccine. Should I been encouraging them to get vaccinated?
A Yes, you should be encouraging all staff to get vaccinated when they are invited to do so. Initially, young people were considered low risk, but it is now clear that young, fit individuals are at risk from Covid-19, both in the short and long term. The Government has resisted the idea of making it compulsory for employees to be vaccinated but has promoted incentives for people to get the jab, such as Uber and Deliveroo who offer discounts to customers who have been jabbed.