No Jab, No Job for Carers?

News  |   17 June 2021

A woman working at a computer and wearing a mask
Written by
Lisa Rothon, Associate Solicitor

Compulsory Covid-19 Vaccination for Carers.

Following the Government’s announcement yesterday afternoon (subject to Parliamentary approval and a subsequent 16 week- grace period) from October 2021, it will be compulsory for anyone working in CQC-registered care home in England to be fully Covid-19 vaccinated with both doses unless they have a medical exemption.

It will apply to all workers employed directly by the care home or care home provider (on a full-time or part-time basis), those employed by an agency and deployed by the care home, and volunteers deployed in the care home.

Those coming into care homes to do other work, for example healthcare workers, tradespeople, hairdressers and beauticians, and CQC inspectors will also have to follow the new regulations, unless they have a medical exemption. It will not apply to people who do not need to enter the building.

Under the new legislation, those working with adults will have 16 weeks to get vaccinated or face losing their job.

The controversial measure, which will affect approximately 1.5 million people working in social care in England, has seen employer and staff organisations in the sector warning that many workers are expected to resign rather than get immunised.

The government is set to launch a consultation exercise into making the Covid-19 vaccination mandatory for NHS staff too.

The British Medical Association, which represents doctors, has warned that while they want all NHS staff to get jabbed, “compulsion is a blunt instrument that carries its own risks”.

There are concerns that such compulsion raises new ethical and legal implications and could lead to the government being sued under human rights laws or equalities legislation.

Advice

If you need assistance or advice on the contents of this article, please contact the Employment Team at Thackray Williams LLP 020 8290 0440.

Related Insights