The Covid-19 vaccination programme is being seen as a major success by the Government, with more than 34 million people having received at least one dose at the time of writing this column.

However, it is also bringing complications for employers who may be considering whether to make vaccinations mandatory for staff.

We recently held a webinar where we discussed the latest considerations for employers regarding the Covid-19 vaccine, including whether an employer can have a mandatory vaccination policy, whether it can dismiss employees who refuse to be vaccinated and whether it can reject job applicants who are not vaccinated.

For existing employees with less than two years’ service it can be relatively straightforward in itself to make changes to their contracts of employment.

However, for those with longer service it can be more problematic.

Employers wanting to implement a mandatory vaccination requirement, and dismiss those who refuse to comply, risk liability for unfair dismissal other than in very limited circumstances where this can truly be justified – such as, perhaps, in certain healthcare and personal care settings.

Furthermore, regardless of service length, and in the context also of a “no jab, no job” approach to recruitment, having such a policy will be indirectly discriminatory on a number of grounds, which the majority of employers will find hard to justify and defend in the event of a claim.

There is certainly a lot for employers to consider as we steadily move towards people going back to their usual workplace rather than working from home.

For more advice, contact Lanyon Bowdler’s employment law team in Oswestry by calling 01691 652241.