There are no grounds for enquiries about the vaccination status of staff, an employment law expert has said
Employees who refuse to work with unvaccinated colleagues on their return to the office could face disciplinary action and even be sacked, an employment law expert has said.
Barrister Katherine McVeigh, addressing an ISME seminar for employers on the return to the workplace, said there are no grounds for enquiries about the vaccination status of staff, and no grounds for refusing to work with unvaccinated colleagues.
“If an employee says they won’t work with another because they are not vaccinated, it actually becomes a disciplinary action against that employee because they are the one refusing to do the work,” she said.
“You give them a verbal warning, two written warnings, and then you move to dismiss.
“If an unfair dismissal claim is brought, you would say that the Government guidance is that you can’t force employees to get vaccinated, and this employee refused to carry out her work.
“If the employer is saying the workplace is safe and has done all the risk assessments, then you have to go back into work.”
Ms McVeigh said if the Government is not mandating something, it is “very difficult” for employers to mandate it.
“Vaccination isn’t mandated like in other countries,” she said. “It’s someone’s own choice and nothing really to do with the employer.
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