Can an employer insist on employees being tested and taking the Covid-19 vaccine when it is made available? This is a key question especially for those in the health and social care sector. It's a complex issue and involves key human rights, discrimination and data protection principles and as such requires specific, bespoke advice.
Employers may encourage employees to be tested and in due course take any vaccine that is developed, but we would advise that enforcing either of these or issuing draconian measures against employees who fail to comply, will risk successful claims. Mandatory testing may be enforceable in specified circumstances within the social care sector.
We have heard this morning on BBC Radio 4's Today programme from Matt Hancock that workers in this sector will be one of the first in the proverbial vaccine queue. We await to see in the coming weeks whether the good news story of the vaccine lives up to expectations; let's hope so!