NHS trusts prepare to make jabs compulsory, leak shows
A major NHS trust in London is planning to make vaccinations against coronavirus a contractual requirement for all its staff, according to a leaked email seen by The Independent that also reveals other trusts may follow suit.
The letter to staff at the Chelsea and Westminster Hospital Foundation Trust, signed by the chief executive Lesley Watts, has not yet been sent to staff but has been shared with dozens of senior NHS bosses across London for them to “adapt and use in your trusts”.
Adding a contractual requirement for a vaccination to employment contracts would constitute a change in terms and conditions for staff and is likely to be legally difficult to enforce.
A copy of the letter, seen by The Independent said some of the trust’s 6,000 staff had “chosen” not to be
vaccinated and it urged them to change their mind. It said: “We will need to take into account your vaccination status in your occupational risk assessment and this may impact the range of duties you undertake and indeed the environment in which you work.”
The letter went on to say: “We will be making Covid vaccination mandatory for all our employees and it will form part of the employment contract.”
It was discussed on a telephone call between London NHS chiefs last week. One insider who was on the call said the decision to send the letter had already been made and was confirmed by Lesley Watts herself in the discussion.
The source said: “The Chelsea and Westminster CEO said they’re planning to send it and encouraged other trusts to adapt and use the same letter.”
On Monday, an email including the draft letter, was sent to NHS chiefs across the northwest London region including bosses at the London Ambulance Service, Imperial College Healthcare Trust, and Hillingdon Hospitals Trust.
It said: “Please find attached the vaccination letter Lesley discussed at the CEO call, for you to adapt and use in your trusts as needed.”
The move towards mandatory vaccination surprised some on the call due to the likely legal problems the trust will face trying to enforce the rule.
In an article examining the implications of mandatory vaccinations of NHS staff, Michael Wright, partner at Hill Dickinson law firm said: “If an employer intends to make vaccination mandatory, this will amount to a change in terms and conditions. Employers must usually inform and consult with a recognised trade union about major changes in the workplace and changes to employees’ terms and conditions regarding pay, hours of work and holidays. Without agreement the employer would be faced with either unilateral imposition of the change, or terminating and offering re-engagement on the new terms. Both options carry significant legal risks.”
He also warned NHS trusts could face a challenge under Human Rights Act legislation or staff could bring a judicial review against the NHS trust due to the lack of consultation.
The Chelsea and Westminster Hospital Foundation Trust and NHS England was approached for comment.
The leaked letter has emerged as the Department of Health and Social Care announced plans to consult on proposals to make vaccination among care home staff a condition of their employment. Under plans care home companies would be required to ensure only vaccinated staff were deployed to care for the vulnerable.
The government believes it would protect vulnerable residents from the virus. NHS workers will not be included in the plans which will also only apply to resident care homes looking after elderly people. This means care homes for younger disabled and vulnerable adults will not be included, nor will home care services.
Experts on the Scientific Advisory Group for Emergencies say 80 per cent of staff and 90 per cent of residents in care homes need to be vaccinated to provide a minimum level of protection, but that only 53 per cent of homes in England are meeting those targets. This could leave up to 150,000 residents in care homes at increased risk, the DHSC said.
It warned the current staff vaccination level was below 80 per cent in 89 separate local authority areas and across all 32 London boroughs. There are 27 local authority areas where staff vaccination uptake is below 70 per cent.
If one-quarter of care home staff covered by the policy went unvaccinated, that would equate to about 85,000 people. It is feared that a requirement to be vaccinated could encourage some frontline workers to leave the sector completely, exacerbating existing widespread shortages. The care sector already has more than 120,000 vacancies and tough requirements on immigration.
In many areas care homes compete for staff against local employers such as supermarkets who pay above the minimum wage. Persistent poor funding of social care means most staff are paid at the minimum wage only.
Unison general secretary Christina McAnea said: “Too heavy-handed an approach could backfire badly. Some staff may simply up and go, leaving a poorly paid sector already struggling with thousands and thousands of vacancies in a terrible state.”
Anyone who is medically exempt will be excluded from the requirement and the DHSC said some companies were already requiring their staff to get vaccinated.
NHS England has said all eligible care homes have been visited and vaccines offered to staff and residents, with the vast majority of homes having had repeat visits. Some firms have already introduced the requirement for staff including Barchester Healthcare, which runs more than 200 care homes across the UK.
Its chief executive, Dr Pete Calveley, said: “We have not lightly introduced our vaccine policy, but we take the view that providing safe care for those we care for is our paramount obligation.”
Matt Hancock, the health secretary, said: “Making vaccines a condition of deployment is something many care homes have called for, to help them provide greater protection for staff and residents in older people’s care homes and so save lives. We have a duty of care to those most vulnerable to Covid-19, so it is right we consider all options to keep people safe.”