CIPD Coronavirus webinar series

COVID-19 vaccine and the workplace

11 February 2021

DISCLAIMER: The materials provided here are for general information purposes and do not constitute legal or other professional advice. While the information is considered to be true and correct at the date of publication, changes in circumstances may impact the accuracy and validity of the information. The CIPD is not responsible for any errors or omissions, or for any action or decision taken as a result of using the guidance. You should consult the government website for the very latest information or contact a professional adviser for legal or other advice where appropriate.

Welcome

Katie Jacobs, Senior Stakeholder Lead, CIPD

Katie Jacobs

Senior Stakeholder

Lead,

CIPD

Rachel Suff

Senior Employee

Relations Adviser,

CIPD

Today’s speakers

Andrew Willis

Head of Legal &

Advisory, HR-inform

Matt Lenny

Director of Public

Health, North

Somerset Council

#StrongerWithCIPD

cipd.co.uk/memberbenefits

Covid-19 resources

NEW Well-being helpline

Employment Law helpline

Communities and branches

People Management

Knowledge and content

Free learning Careers support

Professional creditability

Financial support

*New* Wellbeing Resources

• The resource provides:• Legal information

• Debt and financial information

• Manager consultancy and support

• Information on work and home issues

• Factsheets, advice, information and self-help tools

• Links to specialist support organisations

• A resources area with; programmes, videos, webinars, medical information and mini health checks.

• We’ve partnered with Health Assured to support members mental health and wellbeing

• Unlimited free 24/7 confidential telephone helpline, online portal & Health e-Hub app

What are the key considerations for HR?

Rachel Suff, Senior Employee Relations Adviser, CIPD

@RSuff

Vaccinations

• Have a policy and communicate it

• Encourage, not require

• Follow Govt and NHS advice as the vaccination programme is rolled out

• Listen to people’s concerns – advise and guide line managers

• Time off and volunteering

The future: will the vaccines

allow a return to normal

working conditions?

cipd.co.uk/knowledge/fundamentals/emp-law/health-safety/preparing-for-covid-19-vaccination

Legal insightAndrew Willis, Head of Legal,

HR-Inform

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• There are no statutory provisions that could require an individual to be vaccinated:

• the Public Health (Control of Disease) Act 1984 states that members of the public should not be compelled to undergo any medical treatment, including vaccinations

• the government has not legislated for COVID-19 vaccination to be mandatory

• What about the employer’s duty under health & safety legislation to ensure a safe working environment for employees – could this duty justify employers compelling their employees to have a vaccination?

• theoretically possible, particularly if it is shown that vaccination inhibits transmission of the virus

• however, such an approach carries risks and many other things might be done first

Health & Safety – Employer obligations (1)

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• Every employer must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees – in particular through the provision and maintenance of a safe working environment:

• asking employees to work from home eliminates the risk from COVID-19

• If employees cannot reasonably work from home then:

• keep your COVID-19 secure risk assessment under continual review, and

• implement reasonably practicable control measures, based on Government guidance, to manage and control the risks identified – social distancing measures; consider regime of regular (weekly?) testing

• note that businesses with more than 50 employees can now join the government’s workplace testing programme

• consider training for employees and particularly managers (who may face a lot of questions around vaccinations)

Health & Safety – Employer obligations (2)

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• Currently vaccinations are only available to limited priority groups and so cannot form part of the control measures introduced in response to a COVID-19 secure risk assessment

• Once the vaccine becomes more widely available vaccinations may be identified as a reasonably practicable control measure

• For now, employers will meet their statutory obligations under HSWA by encouraging their employees to get vaccinated

• It is unlikely that compelling employees to get vaccinated will ever be a necessary part of meeting statutory obligations for most employers – subject to any considerations around particular workplaces (care sector?), particular jobs (travel required?) or clear evidence that vaccines are capable of blocking transmission

Health & Safety – Vaccinations

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• Do review the contract, as some (care sector?) may have a clause requiring the employee to have vaccinations relevant to their role – but without such a clause (or even with such a cause) compulsion is risky

• Unfair/constructive dismissal

• a risk whether an employee is dismissed for failing to have a vaccination or resigns in response to an attempt to change the contract

• approach must be justified by the particular circumstances – hurdle likely to be high

• In the case of dismissal the management instruction must be reasonable and the employee’s refusal must be unreasonable

• need for fair process

Compulsion (1)

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• Discrimination

• employee may have valid reasons to refuse a vaccine relating to e.g. pregnancy; existing medical conditions (supressed immune system?); religious or philosophical beliefs

• Employee relations

• an employee’s trust in the employer may be affected if they are required to accept a vaccination against their wishes

• PI claim?

• in the (unlikely?) event of an adverse reaction

Compulsion (2)

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• Encouraging employees to have the vaccine when it becomes available to them is likely to be most appropriate approach in most cases:

• collective consultation with employee or trade union representatives in appropriate cases

• if discussing with an individual employee find out the (real) reason for refusal

• assist understanding by sharing accurate, credible and reliable information

• lead by example – ask senior managers to pledge to get vaccinated when it is their turn?

• allow time off (paid?) for vaccination appointments

• consider paying in full for any sickness absence attributable to any reaction to the vaccine

Encouragement

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• Consider a vaccines policy to ensure consistency of understanding and approach, which could cover:

• the employer’s obligations under health and safety legislation

• the employer’s stance on employees getting the vaccine (allow for exceptions)

• keeping records of vaccinations

• Whether the employer requires evidence of the appointment dates / times

• time off for vaccine appointments

• pay during time off for appointments (and any associated period of sickness)

• treatment of those who have not been vaccinated where workplace practices are modified to reflect that the majority of other employees have been – home working, distancing, change of role?

• note for now guidance on distancing etc. isn’t changing for anybody, even for those who have been vaccinated

Policy

Public health response to COVID-19

• Matt Lenny, Director of Public Health and Regulatory Services(with acknowledgement to the Hertfordshire Public Health Team for use of their excellent resources)

Vaccination• The Chief Medical Officer has been clear that COVID isn’t

going away – we have to learn to adapt and live with the virus (like we do for other viruses like seasonal flu)

• Although there have been some issues highlighted recently about efficacy against mild/moderate infection for new variants of the virus, there continues to be confidence that it can protect against more serious impacts e.g. hospitalisation

• We need to learn more about whether it interrupts transmission, like other vaccines. That would be a significant additional benefit from vaccination.

• Public Health England and pharmaceutical companies will continue to learn and adapt to the behaviour of the virus

• Vaccines continue to be very valuable in protecting people from harm and we must encourage people to take up invitations as they are offered and act to support those who are less likely to access or are less confident or accepting of the vaccine

Why is COVID vaccination is important

The overall strategy to control the virus

1. Reduce the circulation of the virus as much as possible through testing, contact tracing and successful isolation of infected people and close contacts. This will also help reduce the number of new variants

2. Keep on with the prevention measures for a world where the virus will circulate for some time (distance, coverings, hygiene, safe working practices) and try to normalise and encourage people to see that as a sensible onward investment to maintain some of the freedoms that are given.

3. Roll out the vaccine to as many people as possible as quickly as we can using the national prioritisation criteria and continue to adapt to any changes in the virus through booster programmes or other measures

Things that we will need to continue for some time

It takes many steps....

Practical resources to encourage vaccine uptake

Wide range of useful resources here:

COVID-19: Vaccinations | HCPA

An example: materials on vaccine hesitancy here

Short read https://www.local.gov.uk/our-support/guidance-and-resources/comms-hub-communications-support/covid-19-communications/covid-8

Longer reads

• https://www.hertfordshire.gov.uk/services/health-in-herts/professionals/covid-19-behavioural-science-resources.aspx

• https://www.ecdc.europa.eu/en/immunisation-vaccines/vaccine-hesitancy

A podcast here https://www.bsphn.org.uk/719/Coronavirus-Mini-Series-8---Behavioural-Science-to-Increase-Vaccine-Uptake-Jim-McManus-Wayne-Bateman-Paul-Chadwick

A useful video resource here https://www.ama-assn.org/delivering-care/public-health/covid-19-vaccine-hesitancy-10-tips-talking-patients

Range of issues to be considered as part of the pandemic response

An overview of the public health response in North Somerset

Questions

Please use the Q&A function to submit your questions

Please submit your questions for:

• Rachel Suff, Senior Employee Relations Adviser, CIPD

• Andrew Willis, Head of Legal & Advisory, HR-inform

• Matt Lenny, Director of Public Health, North Somerset Council

#StrongerWithCIPD

cipd.co.uk/memberbenefits

Covid-19 resources

NEW Well-being helpline

Employment Law helpline

Communities and branches

People Management

Knowledge and content

Free learning Careers support

Professional creditability

Financial support