Employers are now caught between a rock and a hard place! They are obligated to provide a safe work environment for their workers so if any employees do not take the vaccine they could pose a potential risk to other workers or customers.
However, if the Government do not make the vaccine mandatory, there is no law being breached by such refusal but where does that leave the employer?
Any employer who makes a rule that all employees must take the vaccine should consult their solicitor before deciding. There may be exceptions for some people not taking the vaccine and perhaps a medical note might be necessary here.
For new employees, employers are in a better position in requiring them to have the vaccine, but the legal quandary is with current employees.
So, what should employers do? In the absence of mandatory legislation requiring everybody to take the vaccine (a) get advice from your solicitor – this is most important (b) communicate with employees and listen to their concerns (c) where unions are involved, consult them and (d) update workplace risk assessment.