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Employment Vaccination Policies

“Many employers, especially those in industries which involve health and social care are concerned about whether they should be requiring their staff to have mandatory corona virus vaccinations.

At the moment the UK Government is consulting about whether staff in care homes with older residents in England should have the vaccine.  The argument is of course that a mandatory vaccination policy would breach workers’ human rights.

“A recent decision of the European Court of Human Rights considered whether imposing penalties and consequences for noncompliance with a national vaccination policy would amount to a violation of human rights.  The Court held that the benefits of a mandatory effective and safe vaccination scheme would in some circumstances justify the breach of an individual’s right to privacy or family life provided the policy is appropriate and proportionate.

On the facts of the particular case the policy was justified and together with a claim under the right to freedom of thought and conscience was projected logically protection could not be extended on that basis alone in the circumstances.

It is worth noting that the application of rights under the European Convention of Human Rights is not affected by the UK’s exit from the EU because the Convention is an Internationally binding Treaty unaffected by EU Membership.”