Fixed Fee Service

Preparing for the COVID-19 vaccine

How to prepare your business for the COVID-19 vaccine rollout

As the Covid-19 vaccine roll-out continues at speed, organisations are facing unprecedented challenges, particularly around whether they can make the vaccine compulsory for their employees. Whatever approach you decide to take as an employer, an important and practical starting point is to put a vaccination policy in place.

We’ve seen an increase in the number of employers wanting to know if they can make it a requirement for their workforce to be vaccinated or penalise employees who refuse.

While there may be some employers in certain sectors who can justify requiring their employees to take the COVID-19 vaccine – for example, those in healthcare where the risk of not taking it can be detrimental to vulnerable people in their care – this will not apply across the board.

It is important to note that the government has not, at present, made it mandatory for members of the public to be vaccinated, nor does it appear likely that this will be the case.

How we can help

An essential important first step is to ensure you have a policy in place that outlines your approach and expectations of your employees. We’re offering a fixed fee vaccination policy drafting service, for a fixed price of £950 plus VAT.

Outside of this fixed fee package, our team of employment law experts are also on hand to work with you once you have your draft policy prepared, including:

Consulting with employees, staff associations and unions

Advising on how to communicate with staff on the vaccination policy

Ensuring GDPR compliance when processing related data and how to communicate to staff on how their personal data will be used

Evolving your vaccination policy in line with Government policy changes

This is such a rapidly developing area that employers should be prepared to keep their position under constant review over the coming months and adapt their approach where appropriate.

How our fixed fee service works

For a fixed price of £950 plus VAT, you will receive the following:

A consultation to determine the best approach for your employees

A dedicated team of experts who will work with you to ensure your policy is the right policy for your business

Bespoke vaccination policy for your business

*This fixed-fee is applicable to the contract review and legal opinion only. Any ancillary work done will be charged at the appropriate rate agreed on engagement.

Want to find out more or have further questions?  Contact us today using the button below.

Catch up on our recent webinar
on the COVID-19 Vaccine

Our employment expert, Matt McDonald explores a variety of considerations employers
need to think about from what happens if an employee refuses to take the vaccine through to
dealing with any potential claims

We've put together the most frequently asked questions and
what actions you should take

Unfair dismissal claims are a primary risk where they involve an employee with at least two years’ service.  To successfully defend such claims you will need to persuade a tribunal that it was reasonable to require vaccinations and that the employee(s) unreasonably refused.

A proper dismissal process will also need to be followed and you must consider if there are any alternatives to dismissal in the circumstances. This dismissal would most likely be for misconduct, although the circumstances are very unusual so it may instead fall within the “Some Other Substantial Reason” (SOSR) catch-all category.

Claims for indirect discrimination are the other main risk you may face as, where the reason for refusing to get the vaccine is linked to a “protected characteristic”.  For example, a pregnant worker will be well within her rights to refuse the vaccine given the current government guidance.  Note that there is no minimum service requirement in order to bring a discrimination claim.

We strongly suggest that you take legal advice before making any decision to dismiss an employee because they refuse the vaccine.

How can we help?

Our expert lawyers are ready to help you with a wide range of legal services, use the search below or call us on: 0330 024 0333

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