We supported SHL to run a compliant collective consultation process, following the need to...
An open letter has been sent to a number of Parliamentary ministers, the CQC and Care England claiming that the requirement of care home workers to be vaccinated is unlawful and unenforceable. Among others things, the letter states “that the Care Quality Commission must now immediately issue the instruction to care providers to stop telling workers they need to be vaccinated. Because they do not. “
The letter sets out a concise and convincing summary of the relevant law and could lead to formal judicial review proceedings challenging the recently introduced regulations.
In the meantime, employers may understandably be left in a state of confusion as to what to do if an employee does refuse to be vaccinated. Despite what the open letter states, the Regulations have been introduced and an employer won’t be liable for following them, even if they are later repealed.
Watch this space – even if you don’t operate in the care sector what happens here will undoubtedly impact how every employer deals with its own approach to vaccinations in the workplace.