Compulsory Vaccinations for Care Home Workers
07/25/2021
Although it has always resisted the idea of making Coronavirus vaccinations compulsory, the British Government announced in mid-June that Covid vaccines will become mandatory for all employees working in CQC-registered care homes (for both the elderly and those with disabilities) in England from October 2021. The mandatory vaccination decree does not apply to the devolved nations of Wales, Scotland, and Northern Ireland.
Unless they have a medical exemption, all workers employed directly by a care home or care home provider (on a full-time or part-time basis), those employed by an agency and deployed by a care home, and care home volunteers must have two doses of a Coronavirus vaccine. Furthermore, those coming into care homes to do other work, for example, healthcare workers, tradespeople, hairdressers, beauticians, and CQC inspectors will also have to be fully vaccinated.
In a government statement, Dr Mary Ramsay, Head of Immunisation at Public Health England, said:
“Vaccines are the most important tool we have against COVID-19 and they have already saved thousands of lives.
“Having a high level of protection in care homes will reduce the risk to this very vulnerable population.
“Evidence shows that 2 doses of the vaccine offers high levels of protection against hospitalisation from COVID-19. We also know that getting both doses of your jab reduces your risk of unknowingly passing the virus on to others.
That’s why it is vitally important to get both doses of your vaccine as soon as they are offered to you, to protect you and those around you. The more people that get 2 doses of the vaccine, the more lives will be saved.”
The Social Care Working Group of the Scientific Advisory Group for Emergencies (SAGE) has said that an uptake of 80% in staff and 90% in residents in every care home setting is necessary to provide a minimum level of protection against Coronavirus outbreaks.
Monitoring compliance with the government’s mandatory vaccination policy for care home workers
Employers will need to create policies and procedures to comply with the new legislation. Not only will records be required regarding when individual staff members received their first and second vaccination, a note should also be made regarding the type of vaccination received and whether or not a booster is required. The Government recently announced that those most vulnerable to Coronavirus will be offered a booster in September 2021, referred to as Stage two of the vaccination rollout. Stage two boosters will be offered to all adults aged 50 and over, adults aged 16 to 49 who usually qualify for a flu jab or are in a Covid-19 risk group, and adults who live with immunosuppressed individuals.
Information will also need to be collected on visitors providing services to care home residents, such as hairdressers and tradespeople. To protect their best interests, care home operators should draft agreements stating that anyone coming in to provide a service to residents must demonstrate that they are compliant with the new legislation concerning double vaccinations.
When collecting and storing any employee or care home supplier/visitor personal data, including data related to vaccinations, it is imperative to comply with data protection principles provided by the UK GDPR and Data Protection Act 1998.
Impact on employment contracts
Most employment contracts have clauses stating that an employee must abide by company rules. Reference is often made to the Employment Handbook and this may need to be updated to reflect the legal requirement for compulsory vaccinations.
Employers need to be aware that an employee may have an Employment Tribunal claim for unfair or constructive dismissal if their refusal to have a Coronavirus vaccination is related to one of the nine protected characteristics listed in the Equality Act 2010. Therefore, between now and October, employers may wish to consider doing all they can to help staff to take up the offer of a vaccination voluntarily.
Acas has provided the following suggestions for employers to encourage staff to get the vaccine:
- Offering paid time off for vaccination appointments
- Paying staff their usual rate of pay if they're off sick with vaccine side effects, instead of Statutory Sick Pay (SSP)
- Not counting vaccine-related absences in absence records or towards any 'trigger' system the organisation may have
Concluding comments
Although the legislation relating to compulsory Coronavirus vaccination only applies to care homes, it may be rolled out to all NHS workers in the near future. Furthermore, the Government has left it open as to whether secondary legislation will be brought in to extend the requirement for a vaccine to anyone who comes into close contact with care home residents, including visitors.
Anyone unsure of how the new law will affect their staff and business should seek legal advice as soon as possible.
