Mandatory vaccination: Government plans to revoke mandatory vaccinations for workers in the health and social care sector and in care homes

On 31 January 2022 the Secretary of State for Health and Social Care announced the Government’s intention to revoke regulations making vaccination a condition of deployment in all health and social care settings, subject to consultation and parliamentary process. The oral announcement is available here and it was followed by a written announcement.

The Government’s decision follows its view that it is no longer proportionate to require vaccination as a condition of deployment through statute and the Secretary of State, in his written statement, advises employers not to serve notice of termination to employees in connection with the regulations.

The Consultation ended on 16 February and the expectation is that the Government will announce the revocation of the regulations swiftly.

In accordance with the Government’s advice, employers should not serve notice of termination to workers and employers should write to affected staff on this basis.

Where employers are still in the process of dismissal and not yet at the point of giving notice, until an announcement is made employers may be minded to continue that process to the point prior to redeployment or giving notice. If an employer does this it should communicate fully with effected staff so that staff understand the circumstances.

For further guidance on employment issues related to the COVID-19 vaccine please contact Stone King’s Employment Law Team or your usual contact at Stone King who will allocate your query.