A related concern is that if employees who are not vaccinated for medical or religious reasons are treated differently from other employees because they are not in the office, the company could be charged with discrimination. But if companies can show that they have a reasonable reason to collect this data and the request is a proportionate measure to achieve a legitimate purpose, the legal risks are reduced, said Lucy Lewis, an employment attorney and Lewis. Said Silkin’s partner.
“The challenge for employers is whether it’s appropriate if you’re taking other covid-safe measures within the business?” Ms. Lewis said. “For example, if you are continuing to maintain social distancing, if there is an element of wearing a mask, can you satisfy the test that the vaccination requirement within an organization is appropriate?”
It is more common for companies to go into office asking people to double-vaccinate or show evidence of a negative Covid test, which is currently freely available in the UK, she said. She doesn’t expect the need for vaccines to work in an office to become the norm in the UK.
“Is it possible that you would be able to demonstrate to the court essentially that it was necessary within your business to do so,” Ms Lewis said. “In the types of businesses where you have very vulnerable people, this is more likely to be appropriate because the risk to those people is very high.”
Britain leads the way in making vaccines mandatory is in the nursing home for work. The government has said that anyone working or volunteering in nursing homes, unless medically exempt, should be vaccinated from November 11. Even to take this step, Parliament had to pass a new law, which is now subject to legal challenges.
In the UK, with 78 per cent of the population over the age of 12, immunization is high. but there were disparity in age groups, with younger peers less likely to be vaccinated. is in the United States There is some evidence that vaccine mandates have increased rates. Above 90 percent within companies.
Businesses can decide who enters their premises and who does not, especially for health and safety reasons. But in the case of the coronavirus, if other measures such as wearing masks, ventilation and social distancing can reduce the risks, it is difficult to justify a ban on people’s entry, Ms Cudbill said.
“I think they can justify it, but they just need to think about how and make sure it’s not just a knee-jerk reaction,” she said. “Because it will be challenged. No doubt about it.”