Page 8 - PA_Enterprise_December_2020-January_2021

PA Enterprise

Can employers force staff

to have the Covid vaccine?

By David Sheppard
peoplemanagement.co.uk

The law

There are no statutory provisions that could
force individuals to become vaccinated. The
Public Health (Control of Disease) Act 1984
specifically states that members of the public
should not be compelled to undergo any
mandatory medical treatment, including
vaccinations.
If any government of the UK were to insist
on compulsory vaccination, it could feasibly
give rise to objections on the grounds
of individual liberty and human rights.
This is owing to article 8 of the European
Convention on Human Rights, which
protects people from being interfered with
physically or psychologically and includes
mandatory vaccinations.

Can businesses force employees to
vaccinate?
In short, no. In theory, if there is a thorough
medical examinations clause in a contract
of employment, it could be relied upon.
However, this would still be fraught with risk,
and freely given consent is required for any
medical intervention.
If employers were to try to force their
employees to be vaccinated, not only could
it give rise to human rights concerns, but
there could also be criminal implications.
Forcing anyone to receive a vaccine injection
under duress, under UK law, could constitute
an unlawful injury. A vaccination requires an
individual’s informed and voluntary consent.

PA Enterprise is published by
8 December 2020/January 2021