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No jab - no job policies: can businesses require staff to have the COVID-19 vaccine? Clare Gilroy-Scott writes for Big Hospitality
- AuthorClare Gilroy-Scott
"To counter possible allegations of indirect discrimination, a no jab-no job policy must be a means of achieving a legitimate aim, for example, protecting the health and safety of staff and customers. It must also be proportionate, i.e. reasonably necessary, and this will require a consideration of whether there are other, less discriminatory means of protecting staff and customers. Until there is clearer evidence that vaccination prevents or reduces transmission in the workplace, there is some doubt as to whether a vaccine policy will be appropriate and proportionate, particularly if the venue permits access to unvaccinated customers."
With reports of possible vaccine passport requirements and the use of so-called ‘no jab – no job policies’, Clare Gilroy-Scott has answered a number of common questions, including:
Is it lawful for employers to require their workforce to be vaccinated?
What are the possible employment law implications of such a policy?
Can an employer require its workforce to get the vaccine?
What employment law issues arise if mandating vaccination?
Before introducing a policy, hospitality employers should consider these three steps:
1 Risk assessment
2 Consultation and support
3 Other protective measures
Clare Gilroy-Scott is an experienced employment lawyer advising on all aspects of the employment relationship to clients in a broad range of sectors. Clare’s experience is in both contentious and non-contentious employment matters and includes restructurings, redundancies, TUPE, HR support, drafting employment documentation and resolving employment disputes. She also advises on employment status, off-payroll working and IR35 implications.
Goodman Derrick – Employment
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This guide is for general information and interest only and should not be relied upon as providing specific legal advice. If you require any further information about the issues raised in this article please contact the author or call 0207 404 0606 and ask to speak to your usual Goodman Derrick contact.