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Can my employer ask me to share my vaccination status?

93 replies

curiousemployee123 · 22/07/2021 19:22

Just that really. We've been warned it's coming and we'll be expected to confirm we've been vaccinated.

Am I compelled to answer? Any one been asked?

OP posts:
Mantlemoose · 22/07/2021 20:33

It depends on why they need the information. I suggest you read the ICO link. I am double vaccinated although wish I hadn't as I do feel misled. Based on the information in this link my organisation won't be given the information if they request it as they don't have any right to it.
ico.org.uk/global/data-protection-and-coronavirus-information-hub/coronavirus-recovery-data-protection-advice-for-organisations/vaccination-and-covid-status-checks/

jgw1 · 22/07/2021 20:33

@Jumbojem

ico.org.uk/global/data-protection-and-coronavirus-information-hub/coronavirus-recovery-data-protection-advice-for-organisations/vaccination-and-covid-status-checks/

My work asked, they say to help plan return to work. We are office based professionals, no customers. The information commissioner's office has clear guidelines, see link, that you should only ask if you have a transparent reason for doing so. Medical details are personal data and fall within GDPR.
I'm vaccinated but haven't reported so on works system as I did not feel "safe return" was a valid reason since we're all still WFH 90% of the time and the office is empty. Only one of my staff reported theirs, and then only first dose.

Thank you for sharing the link. It confirmed what I expected to be the case that an employer would have to set out a very clear reason for processing data on vaccine status and it would seem very unlikely that keeping the data could be justified.
Mantlemoose · 22/07/2021 20:33

@Thisisthemonth

I think people should be more concerned at losing their jobs by choosing to not disclose. My boss has made it clear how unpleased she is by the few who have refused to say, and no doubt if we have any reason to need to reduce staff numbers they have their cards marked
In that case be prepared for a court battle, specially if she's making it clear - then it becomes predetermined!
Internetio · 22/07/2021 20:34

It’ll soon become clear who is or isn’t double jabbed when those that aren’t still have to isolate if a close contact. If you are in that category it might be polite to let your HR department know so that they can plan for absences.

canigooutyet · 22/07/2021 20:34

Yup. people are wankers for not having a vaccination that the risks outweigh the benefits for. And this is the same reason why your average over 12 isn't been offered it. Yet as an adult, tough shit if the risks outweigh the benefits, roll up your sleeve and get it done.

EileenGC · 22/07/2021 20:34

@Valhalla17

It can affect members of staff even if you've HAD the vaccine...because again, the tax doesnt 100% stop you getting it and doesnt stop you transmitting it. Hmm

Why people are such sheep willing to give away their freedoms I dont know...its all happening by stealth and we are on a dangerous road.

It drastically reduces the chance of half the company catching it and ending up in isolation, hospital, the morgue and/or our revenue going down by 50% in one month because everyone is off sick.

I’m not giving away any freedoms, I’m simply letting HR know I’ve had a vaccine. Same I’ve been letting them know about the results of my 3-5 tests a week, for a year now. I really don’t get all this drama.

Thisisthemonth · 22/07/2021 20:35

wouldn't stand a chance in court proving it was directly because of that though @Mantlemoose there would be no direct evidence and companies can easily make up another number of reasons to have had to get rid

KingdomScrolls · 22/07/2021 20:36

We've been asked but it's voluntary information, you just update a portal and the data is anonymised , I work for a frontline public service and it's for workforce planning should we get another big wave. There's no pressure to answer and no one will know if you don't

EileenGC · 22/07/2021 20:36

@Internetio

It’ll soon become clear who is or isn’t double jabbed when those that aren’t still have to isolate if a close contact. If you are in that category it might be polite to let your HR department know so that they can plan for absences.
The problem is, some of those who haven’t had the vaccine will completely ignore the need to isolate even as a close contact. The people I know who’ve refused it (vs couldn’t have it for XYZ reason), don’t strike me as genuinely unselfish people who would put their coworkers first and stay at home if in doubt. They’d come into work anyway because, freedom!
MrsTerryPratchett · 22/07/2021 20:41

@canigooutyet

Yup. people are wankers for not having a vaccination that the risks outweigh the benefits for. And this is the same reason why your average over 12 isn't been offered it. Yet as an adult, tough shit if the risks outweigh the benefits, roll up your sleeve and get it done.
That's not what I said and you fucking know it.

Get vaccinated/don't get vaccinated. Wear a mask/don't wear a mask. But pick a combination that doesn't mean extra risk for others who have to work to pay their rent. And clients who are older and vulnerable.

Yes, unvaccinated people who wore masks the whole time getting rid of them because the vaccinated are allowed to is a wanker move.

canigooutyet · 22/07/2021 20:42

Of course people will ignore the pings.

Just like people ignore when they have rotavirus, flu and countless other viruses when they rock up to work or send their children to school.
Just like some of those who are double vaxxed and still get it will go into work. Martyrs aren't a new creation.

FlyingBattie · 22/07/2021 20:47

Surely this is dependent where you work, though.
Hospital staff have to declare their vaccine status to hep B, TB and probably other things. Can't see it being any different here.
Care home staff have a duty to protect their residents.

Tesco check out operator or office worker, not so much.

Spinxsta · 22/07/2021 20:47

There's loads of professions that already have to disclose vaccinations and have certain vaccinations to practice. This isn't new, it's just new in some professions but the rationale is the same.

FlyingBattie · 22/07/2021 20:49

@curiousemployee123

Don't work in a care home or the health sector
OK, but it still depends. Special needs school with highly vulnerable children, yes. International travel as part of your job, perhaps. Tesco, no.
Skinnyunderneath · 22/07/2021 20:53

But where do you stand as an employer if in a small team one member of staff refuses to return to the office because at least one other person in the office doesn't want to get vaccinated? Can you insist they return?

Thisisthemonth · 22/07/2021 20:58

@Skinnyunderneath depends if the person refusing to come back. are they vulnerable enough that ideally you should try and support them continuing wfh or can you let them work in another area of office / continue all other safe working practices .. or are they just playing the game and wanting an excuse to not come in.

Againstmachine · 22/07/2021 20:59

You choosing not to be vaccinated means other people's health is at risk. It is in no way comparable to asking other medical questions of you.

I have been vaccinated, it's still no business of any employer, we are making lots of rules for a temporary situation.

Internetio · 22/07/2021 21:03

Less of a pool of T&T isolations as I would imagine they can access vaccination status and verify if a contact is obliged to isolate as it’s a legal requirement, small number to check on isolations for all the ‘compliance’ staff they employed on 12m contracts. Who knows though, maybe they will rely on the integrity of the great British public!

FflosFfantastig · 22/07/2021 21:06

Oh dear, it's turned into a vaccinated / unvaccinated slanging match! It's intrusive and rude. You don't have to disclose your personal medical information if you don't want to. You've already said you don't work in the health sector. The more people disclose the more it'll become the norm.

Valhalla17 · 22/07/2021 21:06

Well yes exactly @EileenGC I dont get all the drama either...the drama about a few unvaccinated people wanting to go about their normal private business. That's the point. It's not about just "telling HR" fuck sake, it's about people being targeted, segregated, shunned....generally when there is a quite reasonable reason for them not having the vax yet. Its sinister quite frankly how quickly people have become judgemental fuckwits, ready to throw other human beings under the bus. I know FULL WELL that the vax helps reduce cases, transmission and symptoms...but you cant 100% guarantee that a vaxxed person in an office is fully safe compared to anyone else. So non vaccinated should not be treated like shit when the vulnerable, elderly and priority folk have all had the jab already.

Valhalla17 · 22/07/2021 21:11

And yes this is the point @FflosFfantastig. Agree with you.

You start with this information and god knows where it leads....you'll need to be advising HR on your smear test results next. Confused As I said, it's happening by stealth...

Totallydefeated · 22/07/2021 21:12

There have been many people who claim concerns around fertility, and the scientists of the world have said that there is absolutely no reason to be concerned about this, and that people should get their vaccinations.
They have also said the vaccination is perfectly safe for those who are currently pregnant.
Here is the information from the NHS on this: www.nhs.uk/conditions/coronavirus-covid-19/coronavirus-vaccination/pregnancy-breastfeeding-fertility-and-coronavirus-covid-19-vaccination/

I’m perfectly well aware of everything that’s been said on this - I haven’t been living under a rock for the last few months! I’m well aware of the great pains that have been taken to reassure women. However, that doesn’t mean I can’t sympathise with women still having concerns.

The fact is, there have been many reports of menstrual changes after vaccination and that’s going to cause concern, no matter how much we’re told it’s within the normal range. It’s already known that inflammation can play a role in conception difficulties in some susceptible individuals, eg those with PCOS or endometriosis. And a vaccination will inevitably increase inflammation, if only temporarily- that’s exactly its purpose, after all!

So a broad-brush blanket population-wide reassurance is unlikely to reassure everyone, particularly if they have certain specific health concerns that fall outside the norm.

It’s also worth noting that we currently have no data on the health or development of children born after their mothers were vaccinated while they were in utero. Clearly, we cannot possibly have that data set yet. Quite likely, the vaccination will be safe, and it has to be weighed against the dangers of the virus, of course, which are not negligible in pregnancy. But it’s not stupid to have reservations at this point, despite what we’re told to think.

JassyRadlett · 22/07/2021 21:15

I can think of a few legitimate reasons for an employer to need to know this - most particularly in terms of their duty of care to any clinically vulnerable staff members and how they can reduce the risk to those people, which might include making sure they’re seated a good distance from those who present a higher risk (which unfortunately will mainly be unvaccinated people because of their much higher risk of getting Covid and passing it on.)

(Just because I know I have to say it, I know it isn’t possible to fully eliminate risk, but a good employer should look at ways to reduce risk as far as practicable.)

And yes then there is managing isolating after 16 August - both in terms of making sure vaccinated staff aren’t taking the piss, but also ensuring they’re not unwittingly enabling unvaccinated staff to break the self-isolation rules.

EileenGC · 22/07/2021 21:15

@Valhalla17 I agree, people shouldn’t be treated like shit because of having or not having a vaccine.

But when you work on site, with a large team, and the nature of your job doesn’t allow for social distancing, then you can’t keep that information to yourself if it’s going to impact your colleagues. And it bloody well does in my job. No one gets ‘targeted, segregated or shunned’ for not having the vaccine, whatever their reasons. They’re simply treated differently when it comes to health protocols and infection control, and rightly so. Both for their own protection and that of those around them.

We don’t know OP’s profession, so it could well be an unreasonable request. Or a perfectly reasonable one.

Skinnyunderneath · 22/07/2021 21:23

@thisisthemonth Not vulnerable no, just possibly being difficult, and the office is small, possibly genuinely unhappy that a colleague she sits near won't get jabbed therefore increases the risk of passing it on. Just wondered if an employer can insist someone returns to work under these circumstances