Mandatory vaccines

No Jab, No Job – Is it legal for Providers to Require Vaccination as a Condition of Employment?

Five care home workers alleged that they were unlawfully dismissed in 2021 because they refused to uptake the COVID-19 vaccine. However, a tribunal in Leeds found that dismissing the staff was lawful due to the danger that failure to get vaccinated would pose to the elderly and vulnerable residents in their places of work. Notably, …

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UPDATE: Revoking of Vaccination as a Condition of Deployment

On 31 January 2022, the Government announced that it was looking to scrap vaccinations as a condition of deployment (VCOD) in health and all social care settings, with the Secretary of State for Health and Social Care stating that “it is no longer proportionate to require Vaccination as a Condition of Deployment through statute.” This …

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UPDATE: Statement on Scrapping Vaccination as a Condition of Deployment

On 31 January 2022 the Secretary of State for Health and Social Care, Sajid Javid, made a statement that “it is no longer proportionate to require Vaccination as a Condition of Deployment through statute.” Policy Review Sajid Javid acknowledges that, in December 2021, he argued that the weight of clinical evidence in favour of Vaccination …

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Dismissal and Vaccination – Allette v Scarsdale Grange Nursing Home Limited

An Employment Tribunal has determined that a Care Assistant, Ms C Allette (“Allette”), was fairly dismissed from a nursing home following her refusal to be vaccinated against COVID-19. Allette had been employed by Scarsdale Grange Nursing Home Limited (“Scarsdale Grange”) for 14 years as a Care Assistant in its 52 bedded nursing home which provides …

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UK Extending Vaccination As A Condition Of Deployment Beyond Residential Care Settings From 1 April 2022

UK’s Minister of State (Department of Health and Social Care) announced on Monday 17th January that it would introduce regulations that extend vaccination as a condition of deployment beyond residential care settings to any other Care Quality Commission (CQC) regulated activity in health and social care, subject to certain exemptions and conditions. This will come …

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Two additional exceptions to mandatory vaccinations

The draft regulations, the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No.2) Regulations 2021 was made into law* yesterday and as reported in my article the grace period before the regulations applying to the healthcare sector commenced. It is important for providers to note that the new legislation makes further amendments to …

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UPDATE: Mandatory Vaccinations in the Health and Social Care Sector

In July I wrote about mandatory vaccinations in the Health and Social Care sector. At that time the new regulations were recently approved changing the law whereby a provider of a Care Quality Commission (CQC) registered care home which provides accommodation for persons who require nursing or personal care, can only deploy staff who have …

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