The UK has already started to roll out COVID-19 vaccinations using the BioNTech-Pfizer vaccine. As a result of the recent approval of the Oxford University/Astra Zeneca vaccine by the Medicines and Healthcare products Regulatory Agency, many more vaccinations will be offered to UK citizens, including workers in all organisations.
With some airlines and countries already suggesting that vaccinations may be a pre-requisite to travel and entry, it is critical for businesses to commence planning now for what it will mean to them.
As with the initial crisis response, when faced with decisions around vaccinations businesses will need to simultaneously protect their employees whilst abiding by government regulations - and playing their part in the protection of national healthcare infrastructure.
Planning for the growing implementation of the vaccine relies on trust and businesses who have spent time building trust with their workers could see it destroyed if the recovery period is not treated corrected.
Employees will want to understand what their options are and will look to their leadership for answers and guidance through the myriad of new and evolving regulations. This applies to both employees working on the premises and those working remotely.
HR executives need to ensure that protectionary measures are high in their physical return to work and travel plans, considering challenges such as how a vaccination, or a lack of a vaccination, will impact on return to physical work planning; what employee’s long-term preferences are and – for workers who choose not to be vaccinated – what will this mean for them.
For those who are located in different countries or expected to travel as part of their role, it will be essential to ensure they are protected, as rules across different jurisdictions can change quickly.
Strategic planning by HR executives should extend cross-border and consider multi-state regulatory frameworks – it is a truly global issue.
Sarah Calderwood - Human Resources and Employment lawyer at Slater Heelis - has discussed what the rules are when it comes to employers asking staff to get the vaccination. She states:
“Under current health and safety legislation, employers have a duty to protect the health of employees, anyone on their premises and anyone else effected by the business. Existing vaccination guidelines state that if a risk assessment finds a risk of exposure to biological agents and effective vaccines exist, employers should offer to provide immunisations to those who are not already immunised, however, employees are at liberty to refuse immunisation.”
When asked if an employer can add an immunisation clause to a job contract - she replied:
“If employers want to make the Covid vaccine a contractual requirement, changes in the terms of the contract would need to be agreed by staff. Employers enforcing this change without employees’ express and implied agreement would be in breach of contract and employees would be entitled to resign and claim constructive unfair dismissal. Employers could find it difficult to show this change in terms as reasonable and may struggle to introduce this type of agreement for existing employees. If employers were to introduce an immunisation clause into new starters’ contracts, it would have to be in a reasonable manner which would include consultations with any employees worried about the vaccine for any reason.”
