With widespread reports highlighting the significant impact that Covid vaccines are already having in our fight against the pandemic, many employers are understandably considering the introduction of vaccination policies. However, following the Prime Minister's announcement of a review into the use of so called ‘vaccination passports', there are clearly question marks around what may or may not be lawful in this area. This is clearly a ripe topic in need of further Government guidance but we have set out some key points to consider below.

Firstly, regardless of any policy you may decide to introduce, you cannot physically force workers to be vaccinated. Given it is a medical procedure, they will clearly need to consent to the vaccination. The issue therefore isn't whether you can mandate a vaccine but what steps you might take in the event that a worker chooses not to be vaccinated. Some employers may be considering refusing unvaccinated staff access to their premises or only allowing them to carry out certain roles.  In other cases employers may consider dismissing such individuals. In each case, it will be crucial that you consider whether the proposed policy or course of action is reasonable in the circumstances. If it isn't, the business could be exposed to risk – for example, it could amount to a repudiatory breach of contract, entitling employees to claim constructive dismissal.

The risk of discrimination claims will also need to be considered carefully. Many individuals may choose not to have the vaccine because of one of more protected characteristics, for example, because they are pregnant or for mental health reasons. In those cases, a policy decision could inadvertently trigger serious exposure to liability.

Any decision to introduce a vaccination policy should therefore be taken with care and ideally instances where staff refuse a vaccination should be dealt with consistently on a case by case basis.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.