Insight
Regulations will already come into force in England on 11 November 2021 which state that a person may not enter a care home (subject to some exceptions) without evidence either that they have had a complete course of coronavirus vaccination, or that they should not be vaccinated for clinical reasons . The health secretary has confirmed that in effect this requirement will be extended to those working for the NHS in England, for example nurses and doctors. No such legal requirement has been introduced in Scotland, nor has an intention to do so been stated (for either care home or health care workers).
Introducing a mandatory, legal requirement such as this is controversial. In general, if any employer (particularly outside the care and health sector) is contemplating introducing a requirement that employees receive the Covid-19 jab, there are a number of legal factors to consider and the fact that there is a legal requirement for some employees to be fully vaccinated, does not give the green light to employers in other sectors to make this a requirement of continued employment. Taking legal advice before introducing any such requirement is certainly recommended.