The search for a successful and safe vaccine has given everyone hope that the misery and disruption caused by COVID-19 will soon be at an end. For employers in particular, the anticipation of a return to normality brings with it questions around the rights of employers to enforce mandatory vaccination and the basis upon which employees can object. Like the government, employers have no statutory right to compel their employees to get vaccinated. Insisting on employees being vaccinated before being able to come into work or considering making it a contractual clause could open employers up to discrimination claims or even claims of constructive dismissal should it be the reason an employee decides to leave. It may be that employers can only follow the approach adopted towards the flu vaccine which involves giving information, encouragement and making it easy to arrange for the vaccine if the employee agrees.
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