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Legal matters

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Original poster

Compulsory covid vaccination policy at work

24 replies

maddy68 · 01/04/2022 12:10

My friends company have said that they have to be vaccinated or lose their jobs. All (mainly) work from home
Are not customer facing
(Tele sales )

What is the legality around this?

OP posts:

RoseAndRose · 01/04/2022 12:12

Which jurisdiction?

Original poster

maddy68 · 01/04/2022 14:06

OP posts:

Original poster

maddy68 · 01/04/2022 14:07

For context he is a young 27 yr old man. Not anti vaxer but just didn't want it having weighed up his personal risk factors. (Also having had covid )

OP posts:

Original poster

maddy68 · 02/04/2022 15:00

Anyone know if this would be construive dismissal surely they don't have the right to to insist. It's not in a contract that was signed or anything

OP posts:

prh47bridge · 02/04/2022 16:29

Possibly, but constructive dismissal cases are very hard to win. If they sack your friend for refusing to get vaccinated or for refusing to disclose his vaccination status, he may have a claim for unfair dismissal if he has been there 2 years. He may also have a claim for age discrimination as younger people are less inclined to get vaccinated.

RoseAndRose · 03/04/2022 09:08

Would he have an age claim?

There are no barriers to availability of jab for adults, and it's recommended for everyone

Lovetheseaside778 · 03/04/2022 09:16

Is the company willing to pay for their medical treatment if there are adverse reactions? Or will they claim later that it was only encouraged and not forced to get out of any liability? It's a legal minefield and I personally wouldn't work for any company forcing medical interventions.

prh47bridge · 03/04/2022 09:40

@RoseAndRose

Would he have an age claim?

There are no barriers to availability of jab for adults, and it's recommended for everyone

Maybe, maybe not. It hasn't been tested yet as far as I am aware, but some lawyers argue that younger people are less inclined to get vaccinated as they are less likely to be hospitalised with Covid and more likely to suffer problems from the vaccination and therefore insisting on vaccination is a form of age discrimination.

MichelleScarn · 03/04/2022 09:44

@RoseAndRose

Would he have an age claim?

There are no barriers to availability of jab for adults, and it's recommended for everyone

'Recommended' yes, mandatory not so far so if not in regards to employment, so wouldn't think they can make this demand?

(Am surprised no posts of SELFISH!!! WHY DOES HE WANT PEOPLE TO DIE!!! yet!)

Original poster

maddy68 · 05/04/2022 06:36

Thank you all. It's just a weird thing that it's not a compulsory vaccine and they had his own reasons for not having it (definitely not an anti vaxer,) however even if they were the point still stands especially as they work from home and don't see clients face to face nor go into the office

OP posts:

Original poster

maddy68 · 05/04/2022 06:40

Surely they don't have a right to see medical records?

OP posts:

Saltyquiche · 05/04/2022 06:42

Has he asked the company why he needs to be vaccinated despite being a home worker?

prh47bridge · 05/04/2022 08:14

@maddy68

Surely they don't have a right to see medical records?

No, they don't have a right to see medical records. They can see reports provided by medical practitioners provided the employee consents. However, if they ask a direct question and the employee lies, they may be able to dismiss the employee.

Istumbleandfall · 05/04/2022 08:24

It would be interesting to see the exact wording the company have used.
I dont see how this can be legal, they've even dropped it for the health and care sector but I'm not a legal expert by any stretch.
This is outrageous.

donquixotedelamancha · 05/04/2022 08:25

Has he been employed for 2+ years?

they work from home and don't see clients face to face nor go into the office

He doesn't interact with others (in person) at all? That seems to eliminate the Health and Safety reason for the employers. I'm really surprised if they insist in such a situation.

Original poster

maddy68 · 05/04/2022 09:44

Yes he's been there for 8 years.
I know it's a crazy thing !

OP posts:

Original poster

maddy68 · 05/04/2022 09:45

@Saltyquiche

Has he asked the company why he needs to be vaccinated despite being a home worker?

Yes ....

Apparently it's company policy

(Wasn't when he was taken on and contract signed 8 years ago. ).

Unfortunately not in a union

OP posts:

donquixotedelamancha · 05/04/2022 09:59

Unfortunately not in a union

Joining one would seem a good plan. Doubly so if he intends to tell them no.

Frenchie8690 · 05/04/2022 10:06

There's not much they can do legally if he refuses. Firing him would be madness with 8 years service, he'll have an unfair dismissal claim and could chuck in discrimination on the grounds of a philosophical belief

inheritancetrack · 05/04/2022 12:27

@Frenchie8690

would he get a solicitor to take on such a case pro bono as i dont believe its been tested yet in court? i think his best bet is to ask for exemption as a home worker. i suspect the company have had a lot of absence from covid related illnesses

prh47bridge · 05/04/2022 12:51

I don't know whether he would get a solicitor to act pro bono, but existing case law suggests that an employer can only insist on vaccination if it is necessary for the employee to carry out their role. If the employee works from home and never has any contact with clients, I struggle to see how the employer would be able to justify sacking them for refusing the vaccination.

SolasAnla · 05/04/2022 14:30

prh47bridge
However, if they ask a direct question and the employee lies, they may be able to dismiss the employee.

Lies would be misconduct and fall within the scope of HR policy.
However.. the direct answer is
I dont believe that is relevant to my job. I will not be disclosing personal data at this time.

The employers problem would be asking is collecting sensitive (medical) data. He says he is not going to disclose the data to the company.
If the HR come back with a demand, he requests they provide a reason for the collection. Company cant, on its own merit, sack someone for refusing to disclose.

So they would have to justify the need to collect that data. Public health may be somewhat relevant but as the vax is medically recognised as a risk reduction process the company is into proving being vaxed is necessary. Why are HR not request other vacinations polo, mumps, measles etc

OP is the employer a non UK firm attempting to apply their home country legal framework across their HR policy?

Original poster

maddy68 · 07/04/2022 18:03

No it's a UK company

OP posts:

Clymene · 07/04/2022 18:13

I expect he'll eventually want to go on holiday and get vaccinated.

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