What is the latest on the vaccination roll-out?

On 19 July, when most remaining Coronavirus restrictions were removed in England, the Government reported that it had offered all adults one dose of an approved vaccine, and two thirds of adults had received a second dose. It proposes to accelerate the delivery of a second dose to the under 40s by reducing the interval between doses from 12 to 8 weeks. If supplies remain stable, this means that all adults should have had the opportunity to get a full course of vaccine by mid-September. The Government is also planning to offer booster vaccines to the most vulnerable, starting from September 2021.

Will there be any advantages to being vaccinated, other than health-related ones?

Currently, vaccinated individuals are generally subject to the same legal requirements as people who have not been vaccinated, despite the evidence that it cuts the risk of serious infection, and, to a certain extent, transmission. However, the Government plans to change the self-isolation rules from 16 August, so that people who have been fully vaccinated will not need to isolate merely because they have been in close contact with an infected person. In the meantime there are some exemptions from these requirements for fully vaccinated essential workers. In addition fully vaccinated travellers returning from amber list countries have been exempt from the requirement to quarantine since 19 July.

What is the latest information on vaccine hesitancy?

According to data compiled by the ONS for the period between 26 May to 20 June, 96% of adults reported positive sentiment towards a Covid vaccine, while 4% reported vaccine hesitancy. Rates of hesitancy remain higher than average among the young, Muslims, those belonging to other non-Christian religions, and those identifying as Black or Black British. Hesitancy rates are also higher in more deprived communities and in London. There appears to be no gender difference.

Will there be a vaccination passport?

The Government launched an app in May (now known as NHS COVID Pass) which allows NHS data on an individual’s vaccination status to be displayed securely. It was originally targeted at international travel, but from June was used as part of the Events Research Programme. In the Covid Status Certification Review, which reported on 5 July, the Government ruled out mandating certification, at least during the summer months. It stopped short of suggesting a ban on the use of certification in domestic settings, believing it to be an “intrusion” on how organisations choose to make their premises safe. It concludes that “essential settings should not use certification, but others can decide to use it at their own discretion in compliance with legal obligations.” On 19 July the Prime Minister signalled a change of direction, indicating that from the end of September full vaccination would be made a condition of entry to nightclubs and other venues where large crowds gather.

Should employers be developing a vaccination policy?

With the majority of the adult population now fully vaccinated, and following lifting of most of the remaining restrictions, there is now a stronger case for employers to develop a vaccination policy if they have not already done so. Questions employers will need to consider include: What role they will wish to adopt in providing authoritative information about the vaccination programme? How far they should go in encouraging take up of the vaccine among their staff? Should staff be given time off to attend vaccination appointments and if so should it should be paid? To what extent will time off, or workplace adjustments, be required for staff who have an adverse reaction to the vaccine? In what circumstances (if any) can staff be asked to reveal their vaccination status, and if so what safeguards will be applied as to how this information is processed and stored.

Are there any sectors in which vaccination will be made compulsory?

The Government has now legislated to make full vaccination a condition of entry into an adult care home, subject to limited exceptions, from 11 November. It plans to consult on the extent to which this requirement should be expanded to the wider health and care sector.

Could vaccination be made a condition of employment in other sectors?

This question continues to divide opinion. In each case, the answer will depend on the precise workplace setting and the employer’s attitude to risk. It will also depend on emerging data on the impact of the vaccines on reducing transmission. The following general points can be made: Since vaccination is a medical procedure, it is not possible to compel a worker to submit to it. However, in some circumstances, it may possible to make vaccination a condition of continued employment, or to require proof of vaccination for new recruits. If any such conditions are to be introduced, they should be targeted at jobs where vaccination provides the most obvious health and safety benefits, backed by a clear workplace vaccination policy. Affected staff should be consulted before any such policy is finalised. Suitable exemptions will need to be in place for staff who cannot be vaccinated for medical reasons. Employers will need to make sure they understand the reasons behind any refusal to be vaccinated and calibrate their response accordingly. In some circumstances they may need to offer a transfer to an alternative post where vaccination is not required. Disciplining or dismissing staff who refuse vaccinations should be regarded as a last resort and will give rise to a number of legal risks, including claims of unfair dismissal, and, at least in some circumstances, discrimination. The approach employers take will be judged in the light of the current guidance and best practice, which is likely to change as more is known about the impact of the vaccine in the population. Employment tribunals dealing with any resulting claims are also likely to be influenced by prevailing best practice at the time the relevant dispute arose. Most, if not all, guidance published to date favours a voluntary approach, except in the care sector which vaccination will become a legal requirement from 11 November.

Where can I find more information?

The Government’s Covid-19 Response: Summer 2021 , published on 5 July, includes further details on the Government’s vaccination programme, and also some additional information on its plans for Covid status certification. The CIPD has published a comprehensive guide for employers preparing for Covid vaccination, which is available here . They have also published testing and vaccination FAQs The Government’s guidance for employers, which was published on 12 July, is available here .

COVID vaccination and the workplace: FAQs

Published on 4 August 2021

1 min read

As the vaccination roll-out continues to progress, we answer some questions employers commonly ask.

COVID vaccinations - what employers need to know

What is the latest on the vaccination roll-out?

On 19 July, when most remaining Coronavirus restrictions were removed in England, the Government reported that it had offered all adults one dose of an approved vaccine, and two thirds of adults had received a second dose.

It proposes to accelerate the delivery of a second dose to the under 40s by reducing the interval between doses from 12 to 8 weeks. If supplies remain stable, this means that all adults should have had the opportunity to get a full course of vaccine by mid-September.

The Government is also planning to offer booster vaccines to the most vulnerable, starting from September 2021.
Will there be any advantages to being vaccinated, other than health-related ones?

Currently, vaccinated individuals are generally subject to the same legal requirements as people who have not been vaccinated, despite the evidence that it cuts the risk of serious infection, and, to a certain extent, transmission.

However, the Government plans to change the self-isolation rules from 16 August, so that people who have been fully vaccinated will not need to isolate merely because they have been in close contact with an infected person. In the meantime there are some exemptions from these requirements for fully vaccinated essential workers.

In addition fully vaccinated travellers returning from amber list countries have been exempt from the requirement to quarantine since 19 July.
What is the latest information on vaccine hesitancy?

According to data compiled by the ONS for the period between 26 May to 20 June, 96% of adults reported positive sentiment towards a Covid vaccine, while 4% reported vaccine hesitancy.

Rates of hesitancy remain higher than average among the young, Muslims, those belonging to other non-Christian religions, and those identifying as Black or Black British. Hesitancy rates are also higher in more deprived communities and in London. There appears to be no gender difference.
Will there be a vaccination passport?

The Government launched an app in May (now known as NHS COVID Pass) which allows NHS data on an individual’s vaccination status to be displayed securely. It was originally targeted at international travel, but from June was used as part of the Events Research Programme.

In the Covid Status Certification Review, which reported on 5 July, the Government ruled out mandating certification, at least during the summer months. It stopped short of suggesting a ban on the use of certification in domestic settings, believing it to be an “intrusion” on how organisations choose to make their premises safe. It concludes that “essential settings should not use certification, but others can decide to use it at their own discretion in compliance with legal obligations.”

On 19 July the Prime Minister signalled a change of direction, indicating that from the end of September full vaccination would be made a condition of entry to nightclubs and other venues where large crowds gather.
Should employers be developing a vaccination policy?
With the majority of the adult population now fully vaccinated, and following lifting of most of the remaining restrictions, there is now a stronger case for employers to develop a vaccination policy if they have not already done so.

Questions employers will need to consider include:
- What role they will wish to adopt in providing authoritative information about the vaccination programme?
- How far they should go in encouraging take up of the vaccine among their staff?
- Should staff be given time off to attend vaccination appointments and if so should it should be paid?
- To what extent will time off, or workplace adjustments, be required for staff who have an adverse reaction to the vaccine?
- In what circumstances (if any) can staff be asked to reveal their vaccination status, and if so what safeguards will be applied as to how this information is processed and stored.
Are there any sectors in which vaccination will be made compulsory?

The Government has now legislated to make full vaccination a condition of entry into an adult care home, subject to limited exceptions, from 11 November.

It plans to consult on the extent to which this requirement should be expanded to the wider health and care sector.
Could vaccination be made a condition of employment in other sectors?
This question continues to divide opinion. In each case, the answer will depend on the precise workplace setting and the employer’s attitude to risk. It will also depend on emerging data on the impact of the vaccines on reducing transmission.

The following general points can be made:
- Since vaccination is a medical procedure, it is not possible to compel a worker to submit to it. However, in some circumstances, it may possible to make vaccination a condition of continued employment, or to require proof of vaccination for new recruits.
- If any such conditions are to be introduced, they should be targeted at jobs where vaccination provides the most obvious health and safety benefits, backed by a clear workplace vaccination policy.
- Affected staff should be consulted before any such policy is finalised.
- Suitable exemptions will need to be in place for staff who cannot be vaccinated for medical reasons.
- Employers will need to make sure they understand the reasons behind any refusal to be vaccinated and calibrate their response accordingly. In some circumstances they may need to offer a transfer to an alternative post where vaccination is not required.
- Disciplining or dismissing staff who refuse vaccinations should be regarded as a last resort and will give rise to a number of legal risks, including claims of unfair dismissal, and, at least in some circumstances, discrimination.
The approach employers take will be judged in the light of the current guidance and best practice, which is likely to change as more is known about the impact of the vaccine in the population. Employment tribunals dealing with any resulting claims are also likely to be influenced by prevailing best practice at the time the relevant dispute arose.

Most, if not all, guidance published to date favours a voluntary approach, except in the care sector which vaccination will become a legal requirement from 11 November.
Where can I find more information?

The Government’s Covid-19 Response: Summer 2021, published on 5 July, includes further details on the Government’s vaccination programme, and also some additional information on its plans for Covid status certification.

The CIPD has published a comprehensive guide for employers preparing for Covid vaccination, which is available here. They have also published testing and vaccination FAQs

The Government’s guidance for employers, which was published on 12 July, is available here.

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