[UK] Employers enforcing ‘no jab no job’ policies could fall foul of the law

UK employers have been warned that making it mandatory for staff to have the COVID-19 vaccination could amount to a criminal offence, in the wake of concerns over companies introducing "no jab, no job" policies, Sky News reports.

Under current legislation only care home staff in England will need to have both vaccine doses to work. A consultation is taking place on whether to extend this rule to NHS employees.

In the US, tech leaders Facebook and Google are numbered among those compelling their staff to show proof they are fully vaccinated before returning to their workplaces.

The equalities watchdog has cautioned companies tempted to follow suit to be "proportionate" and "non-discriminatory” and the UK government has emphasised that firms intending to check the vaccination status of staff "will need to consider how this fits with their legal obligations".

Advice from the Chartered Institute of Personnel and Development (CIPD) states "mandatory vaccination is an intrusion on an employee's body and may discriminate on the basis of disability, or religious or philosophical belief."

"Employers cannot forcibly vaccinate employees or potential employees, unless they work in a sector (such as care homes) where a legal requirement is introduced," it continues.

"Enforced vaccination would be a criminal offence against the person and an unlawful injury leading to claims such as assault and battery."

The CIPD represents human resources professionals and has more than 160,000 members. It highlighted that the European Convention on Human Rights "protects people from being interfered with physically or psychologically (which includes mandatory vaccination)".

Transport Secretary Grant Shapps has previously suggested it is "a good idea" for people to be double jabbed before returning to the office but said it will not be required by legislation.

Speaking to Sky News Mr Shapps said, "We are not going to make that legislation that every adult has to be double vaccinated before they go back to the office, but yes it is a good idea and yes some companies will require it."

On July 31 a government spokesperson told Sky News, "While we would welcome employers encouraging their staff to be vaccinated, employers who propose to check the vaccination status of staff will need to consider how this fits with their legal obligations under employment, equalities, data protection, and health and safety law."

UK employers have been warned that making it mandatory for staff to have the COVID-19 vaccination could amount to a criminal offence, in the wake of concerns over companies introducing "no jab, no job" policies, Sky News reports.

Under current legislation only care home staff in England will need to have both vaccine doses to work. A consultation is taking place on whether to extend this rule to NHS employees.

In the US, tech leaders Facebook and Google are numbered among those compelling their staff to show proof they are fully vaccinated before returning to their workplaces.

The equalities watchdog has cautioned companies tempted to follow suit to be "proportionate" and "non-discriminatory” and the UK government has emphasised that firms intending to check the vaccination status of staff "will need to consider how this fits with their legal obligations".

Advice from the Chartered Institute of Personnel and Development (CIPD) states "mandatory vaccination is an intrusion on an employee's body and may discriminate on the basis of disability, or religious or philosophical belief."

"Employers cannot forcibly vaccinate employees or potential employees, unless they work in a sector (such as care homes) where a legal requirement is introduced," it continues.

"Enforced vaccination would be a criminal offence against the person and an unlawful injury leading to claims such as assault and battery."

The CIPD represents human resources professionals and has more than 160,000 members. It highlighted that the European Convention on Human Rights "protects people from being interfered with physically or psychologically (which includes mandatory vaccination)".

Transport Secretary Grant Shapps has previously suggested it is "a good idea" for people to be double jabbed before returning to the office but said it will not be required by legislation.

Speaking to Sky News Mr Shapps said, "We are not going to make that legislation that every adult has to be double vaccinated before they go back to the office, but yes it is a good idea and yes some companies will require it."

On July 31 a government spokesperson told Sky News, "While we would welcome employers encouraging their staff to be vaccinated, employers who propose to check the vaccination status of staff will need to consider how this fits with their legal obligations under employment, equalities, data protection, and health and safety law."