The UK has now approved three vaccines for COVID-19 and the government is currently in the process of offering it to the public according to its priority based strategy.
However, with the government dedicated to offering a vaccine to all adults by the autumn, and carrying the message that getting a vaccine represents the best chance of returning to some form of normality, organisations may be wondering what the implications of the vaccines are.
To what extent will these vaccines allow a return to normal working conditions?
It remains to be seen how quickly vaccines will permit coronavirus restrictions to be lifted and employers will need to keep up to date with all guidance coming from the government. It should be remembered that it is likely to take some time to vaccinate the entirety of the UK population, meaning that we may yet need to live under certain levels of restriction for some time. That said, as more people are vaccinated, it can be assumed that the government will consider lifting certain restrictions gradually.
Can the vaccine be offered as a work perk in the same way as the flu vaccine often is?
It has yet to be confirmed if the vaccine will become available privately. Given the extreme demand for its usage worldwide, current commentary from the government suggests that it will monitor carefully how and when it is distributed. That said, as more people are vaccinated, and COVID-19 hopefully becomes less of a threat, companies may be presented opportunity to seek private vaccinations, especially if vaccines need to be administered more than once.
Can organisations legally oblige employees to get the vaccine before returning to work? If so, how can this be enforced?
The government has not chosen to make COVID-19 vaccine mandatory. Despite this, there may be some industry sectors that may implement a requirement for its staff to have the vaccine for safety reasons. This may apply to operators in the care sector where maintaining social distancing and adhering to other safety measures is not possible.
In workplaces that do not involve care, such as offices or retail, it may be considerably more difficult to try and put in place such a restriction because of the ability to have employees working from, or maintain social distancing in other ways to mitigate the risk. In addition, there could be a number of reasons why employees do not want to take the vaccine; they may have been advised not to due to a pre-existing medical condition, or due to their religious beliefs. If employees are subjected to a detriment as a result of this or other such reasons, the organisation may face a costly discrimination claim.
How should organisations approach the vaccine issue?
The most appropriate course of action for employers appears to be to encourage staff to have the vaccine through awareness campaigns, focusing on the benefits for doing so. It should be made clear to staff through policy that whilst they will not be forced to take it, there are a significant number of benefits for doing so.
It should also be considered if external trainers may be required to further explain why the vaccines are safe and effective. Alternatively, employees can be encouraged to make an informed decision about having the vaccine by reading information from official sources, alongside a cautionary note to verify the source of their reading matter due to the existence of uncertified information.
Employees should also be reminded to treat their colleague with respect regardless of their decision over having the vaccine.
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