Can an Employer Force Staff To Have a Vaccine?
In our Ask The Legal Expert column we get the latest specialist advice from
JCP Solicitors, which has an office in Carmarthen. This month, Natasha Johnston, HR advisor in JCP’S HR Team, discusses an issue around employment contracts that has been highlighted by a recent media story. Employers and employees may have noticed a story in the media about high profile firm, Pimlico Plumbers, which is allegedly planning to rewrite its workers’ contracts to require them to have the Covid-19 vaccination if it is safe for them to do so.
From an employment law perspective, this issue is complex. Rewriting contracts with existing workers and employees is something that should be done collaboratively, following strict protocols and practices, not simply delivered as a fait accompli. Legally, companies cannot force employees to take a vaccine as individuals have the Human Right to refuse medical treatment. People who refuse vaccination and are subsequently dismissed may have grounds to make a legal claim.
However, clearly, when it comes to receiving the vaccine, there are different thresholds of need in every sector. If, as an organisation, you operate within the social care sector, for example, you may be able to successfully argue it is a ‘reasonable management request’ for employees to be vaccinated on the basis that Covid-19 poses a serious risk to the vulnerable people you care for.
As an employer, you should consider which teams you deem to need the vaccine in order for your operations to function. Assess what action you would want to take if staff refuse vaccination would it be a disciplinary matter, or could you offer them an alternative role?
It is important to note that such an instruction might not be deemed reasonable and any process you follow to manage the fall-out of a refusal must be fair and based on individual circumstances. You must carefully weigh up the fact that an employee who refuses the vaccine could argue there is a discriminatory issue to consider such as: t "HF JG FNQMPZFFT BSF OPU DPOTJEFSFE to need to be vaccinated for their duties and offered it irrespective of the NHS roll out system t %JTBCJMJUZ JG UIFZ BSF BEWJTFE OPU UP have it due to a medical condition, have documented reactions to vaccinations or they have an extreme phobia that causes anxiety around vaccinations/needles t 4FY QSFHOBODZ BT PVUMJOFE JO UIF example above and t 3FMJHJPO PS CFMJFGT JG UIFZ BSF BEWJTFE not be vaccinated by a religious leader, or if they are anti-vaxxers and hold this as a philosophical belief
5IFSF BSF BMTP QPUFOUJBM %BUB 1SPUFDUJPO issues. Vaccination records are sensitive personal information - you should weigh up why you need to hold such information and how you will safeguard it.
We are in the very early days of the roll-out and anxieties are running high. An employer needs to be able to show that vaccines are a necessity from a health and safety standpoint in order to justify disciplinary action or treating employees differently if they are not vaccinated. It is likely an employer would also need to show they have exhausted all other measures to protect the health and safety of staff and those they come in contact with, before they could reasonably justify mandating the vaccine to protect staff. If you want to make it a job requirement to have vaccinations this would need to be written into employment contracts and you would need to go through a contract variation process to make this amendment after the fact.
THE Hywel Dda University Health Board is once again opening its doors to anyone looking to join the NHS.
The health board’s Apprentice Academy could be a chance for anyone to make a difference to local health care.
The academy’s new programme launched in February is designed to provide opportunities for our local population who want to work in healthcare but may not have the appropriate qualifications or be in a position to gain qualifications.
Lisa Gostling, director of workforce and organisational development at Hywel Dda University Health Board, said: “We are very excited to announce that our apprentice programme has returned this year.
“It’s an amazing opportunity for people wanting to work in the NHS and to develop their career.”
Go to https://hduhb. nhs.wales/jobs/workingfor-us/recruitment-campaigns/apprenticeshipacademy-2021/ for more information.
EVERY week we will bring you a look at new planning applications submitted to Carmarthenshire Council. This week’s include.
■ Change of use from residential garage to a beauty salon, 67 Penybanc Road, Ammanford.
■ Replacement garage with flexible accommodation in the loft to provide home office/ancillary accommodation, 15 King George Avenue, Llanelli.
■ Single storey side extension, 105 Walters Road, Llanelli.
■ Demolition of rear single storey extension, with two storey extension in lieu at 2 The Avenue, Carmarthen.
■ Change of use from a retail shop to three flats, 16 Priory Street, Carmarthen.
■ Single storey side extension to public house. Extension is accessed from the existing bar area by removing an area of listed side wall equivalent of a doorway opening, Three Horseshoes, Cenarth, Newcastle Emlyn.
■ Mobile home/caravan within the residential curtilage of the dwelling house, Pwllyfan, Llansadwrn, Llanwrda.
■ Construction of a domestic garage, Cwm Tawel Lodge, Cynwyl Elfed, Carmarthen.
■ Garage conversion into a self-contained unit with a kitchen. To be used as a holiday let and in the future as a granny annex, Rhosawel, Ffarmers, Llanwrda.
■ New build domestic dwelling, land adjacent to 31 Myrtle Hill, Ponthenri, Llanelli.
■ New dwelling with detached garage, Plot 2 adjacent to Bryn Holfen, Heol Yr Ysgol, Cefneithin,
Llanelli.
■ Single storey rear extension and front porch extension, 1 Heol Y Parc, Cefneithin, Llanelli.
■ Reduce the pitch of the amended saddle roofs and clad with grey coloured standing-seam sheet roofing, Hendy Cricket Club, Bryngwili Road, Hendy, Swansea.
■ Demolition of existing poor condition two bedroom dwelling, conservatory, lean to and out house and replacement with sustainable new two bedroom house, associated landscaping and parking, 4 Stradey Hill, Pwll, Llanelli.
■ Demolition of garage and construction of two storey rear extension, Mount Pleasant, Llanegwad, Carmarthen.
■ Proposed new general purpose agricultural building to house milking parlour, dairy, collecting yard, farm office and plant room; relocation of the existing feed silo. Demolition of existing dairy/office and parlour buildings, Cadfan Farm, Broad Oak, Carmarthen.
■ Excavation of a pond to provide a water source for cattle and other livestock grazing the land, land known as Brynmelyn, Off Penygroes Road, Gorslas, Llanelli.
■ Extension to dwelling inc. demolition of existing structures, Marshland House, Pencader.
■ Demolition and reconstruction of existing boundary wall, railings, and gate to create two parking spaces, Capel Moriah, Davies Street, Pencader.
■ Conversion of three bedroom bungalow to six bedroom house, Woodland Manor, Pontardulais Road, Llangennech, Llanelli.
■ Proposed residential development and access road, land at Rhiw Babell, Pensarn, Carmarthen.
■ Proposed agricultural implement and storage shed to maintain land and associated hardstanding/access, The Coach House, Pantyrynn Farm, Nantycaws, Carmarthen.
■ Sub-division of farmhouse to form two additional separate independent residential units, Pant Yr Hedyn, Llangynog, Carmarthen.
■ Construction and occupation of an independent stand-alone residential dwelling, Pant Yr Hedyn, Llangynog, Carmarthen.
■ Outline application for construction of affordable three-bedroom dwelling, to be low carbon in construction and close to net zero carbon in use, Bryn Afal, Rhydcymerau, Llandeilo.
■ Proposed change of use of public house into two residential flats to include demolition of flat roof extension, Cwmann Tavern, Cwmann, Lampeter.
■ Erection of two storey rear kitchen/bedroom extension, 83 Brynawelon, Llanelli.
■ Single storey rear extension, Bro Myddyfi, Heol Y Gors, Salem, Llandeilo.
■ Single storey rear extension, 168 Penybanc Road, Ammanford.
■ An erection of a slurry store to increase the capacity to store agricultural manure from the dairy enterprise. The field is currently used as a occasional grazing field, Blaengwastad, Ferryside.
■ Extension to provide ground floor garage with enlargement of exiting balcony area above, Springhill, Ferryside.
■ Single storey side/rear extension, Penybont, Trawsmawr, Carmarthen.