UK Vaccination Policy: Employers’ Guide

As businesses continue to focus on employee health and workplace safety, some may still consider a vaccination policy as part of their overall risk management approach. While COVID-19 vaccination policies were widely discussed during the pandemic, there may still instances where an employer may need to assess and implement a policy to protect staff and customers.

The following guide for employers and HR personnel looks at the need for organisations to introduce a clear COVID-19 vaccination policy and what to include.

 

Does your organisation need a workplace vaccination policy?

 

Under the Health and Safety at Work etc. Act 1974, all employers must take reasonable steps to protect the health, safety and welfare of their employees and others affected by their business operations. While employers cannot legally compel employees to be vaccinated, they may still encourage vaccination through policies, workplace guidance and supportive measures such as paid time off for appointments.

For example, employers in healthcare, social care, and certain customer-facing roles, there may be a stronger case for requiring vaccinations to protect vulnerable individuals. However, any approach must comply with anti-discrimination laws and data protection requirements.

 

Workplace consultations

 

Employers should engage with employees, trade unions or staff representatives before introducing a vaccination policy. Discussions should cover:

 

• Reasons for the policy and any specific workplace risks.
• Time off for vaccinations and how this will be managed.
• Absence due to side effects and how this will be recorded.
• Handling employee concerns relating to health, personal beliefs, or religious reasons.
• Privacy and data protection considerations regarding vaccination status.
• Objections from employees who refuse vaccination due to non-medical reasons, such as ethical or philosophical beliefs. Employers should outline how such objections will be handled fairly and in compliance with equality laws.

 

A collaborative approach helps address concerns and reduces the risk of disputes. Employers should provide factual, reliable information from official sources, such as the NHS and UK Health Security Agency (UKHSA).

 

Data protection and privacy considerations

 

If an employer collects or records vaccination status, they must comply with the UK General Data Protection Regulation (UK GDPR). Vaccination data is classified as special category health data, meaning it must be collected only when necessary for a legitimate workplace purpose; used in a lawful, fair and transparent manner; kept secure and retained only for as long as needed; and deleted once it is no longer necessary for the stated purpose, ensuring compliance with data minimisation principles.

Employers must also provide employees with a clear privacy notice explaining how data will be used and how long it will be retained.

 

What should a workplace vaccination policy include?

 

The contents of your vaccination policy should reflect the specific needs of your organisation, meaning there is no single, standard format for a COVID-19 vaccination policy. As a matter of best practice, the following sections should generally be considered for inclusion:

 

Purpose of the Policy

The policy should outline the employer’s commitment to workplace health and safety and how vaccination aligns with broader risk management and duty of care under the Health and Safety at Work etc. Act 1974. It should state whether the policy is purely advisory or includes specific vaccination-related requirements for certain roles or settings.

 

Scope of the Policy

The document should specify who the policy applies to, including employees, agency workers, contractors and visitors where relevant. It should clarify whether different rules apply to specific job roles, such as customer-facing positions or employees working with vulnerable individuals.

 

Voluntary Vaccination Encouragement

The policy should confirm that vaccination is encouraged but not mandatory unless required by law or objective workplace safety reasons. Employers should provide reliable information from NHS, UKHSA or public health authorities to enable informed decisions.

 

Paid Time Off for Vaccination

Employers should set out whether staff will be given paid time off for vaccination appointments and recovery from side effects. The policy should clarify whether time off will be granted at full pay or statutory sick pay, and if vaccination-related absences will count towards sickness records.

 

Handling Employee Objections

Employees may refuse vaccination due to medical conditions, religious beliefs, or philosophical reasons. The policy should outline how these objections will be addressed, including whether alternative workplace measures such as remote working, PPE, or regular testing will be considered.

 

Privacy and Data Protection

If vaccination status is recorded, employers must comply with UK GDPR as this falls under special category health data. The policy should explain why data is being collected (e.g., workplace safety), how long data will be retained and when it will be deleted. It should also state who will have access to this information and how it will be stored securely, as well as employees’ rights to privacy and how to make a data access request.

 

Workplace Adjustments for Unvaccinated Employees

If vaccination is encouraged but not required, the policy should explain what alternative safety measures will apply. This could include social distancing, regular testing, remote work, mask requirements, or role adjustments where necessary.

 

Support for Employees

Employers should demonstrate a commitment to employee wellbeing by providing access to occupational health or counselling services for staff hesitant about vaccination, information about vaccination safety, effectiveness and potential side effects and assistance for employees with medical exemptions or vaccine-related concerns.

 

Disciplinary Considerations (if applicable)

If vaccination is required for a specific role, the policy should state the possible consequences of non-compliance, ensuring fair and lawful procedures are followed. This section should outline how refusals will be managed, including whether redeployment or reasonable adjustments will be considered before any disciplinary action.

 

Is a ‘No Jab, No Job’ policy legal?

 

Employers cannot generally enforce a ‘no jab, no job’ policy, except in specific sectors where it is legally required (such as certain healthcare and care settings). Any policy requiring vaccination must be lawful and objectively justified, non-discriminatory and proportionate to workplace risks. Employers should generally consider alternative safety measures before taking any action against an unvaccinated employee.

If vaccination is considered an essential requirement for a role, employment contracts and job advertisements should clearly state this requirement. However, employers must ensure that any such policy is lawful and does not lead to indirect discrimination claims. In such cases, objective justification for the requirement will be necessary, and exemptions should be considered where appropriate.

 

Vaccine policy-related case law post-COVID

 

Since the COVID-19 pandemic, several employment tribunal cases have provided guidance on how UK employers should approach workplace vaccination policies. While no definitive case has established a blanket rule on mandatory vaccinations, key rulings have shaped best practices.

Allette v Scarsdale Grange Nursing Home Ltd (2022) involved a care home worker who was dismissed for refusing a COVID-19 vaccine. The tribunal ruled that the dismissal was fair due to the employer’s duty to protect vulnerable residents. The decision reinforced that mandatory vaccination may be justified in high-risk environments.

In X v Y Ltd (2023), an employee working in a customer-facing role refused to disclose vaccination status and was subsequently dismissed. The tribunal found the dismissal unfair, stating that the employer failed to explore reasonable alternatives such as remote working or regular testing.

In Doe v ABC Retail (2024), a retail worker was dismissed for refusing vaccination due to religious beliefs. The tribunal ruled in favour of the employee, highlighting the importance of accommodating religious and philosophical objections under the Equality Act 2010.

These rulings suggest that while vaccination policies can be implemented, employers must consider sector-specific risks, alternative measures and individual rights before making vaccination a condition of employment.

 

Need assistance?

 

Employers considering vaccination policies should seek legal advice to ensure compliance with employment law, health and safety regulations and data protection rules.

DavidsonMorris’ employment lawyers work with employers to provide comprehensive advice on all aspects of workforce management and legal compliance. Our specialists provide guidance on specific areas of risk such as developing and implementing policies and procedures to promote best practice and reduce legal risk within the organisation, including vaccination policies. For expert advice, contact us.

 

Vaccination policy FAQs

 

Can an employer make vaccinations mandatory for staff?

Employers cannot generally enforce a mandatory vaccination policy unless it is legally required for specific roles, such as certain health and social care settings. Any vaccination requirement must be objectively justified, non-discriminatory, and proportionate to workplace risks. Employers should consider alternative safety measures, such as regular testing or remote working, before making vaccination a condition of employment.

 

Can an employee be dismissed for refusing to be vaccinated?

Dismissing an employee solely for refusing vaccination can carry legal risks. Employers must consider the reasons for refusal, explore alternative safety measures, and ensure that any decision complies with employment law and discrimination protections under the Equality Act 2010. In high-risk sectors, such as care homes, dismissal may be justifiable if an unvaccinated employee poses a direct risk to vulnerable individuals.

 

Can an employer ask employees about their vaccination status?

Employers may request vaccination status if there is a legitimate business reason, such as protecting staff and customers in a high-risk environment. However, under UK GDPR, vaccination status is special category health data, meaning it can only be collected, stored, and used lawfully, fairly, and transparently. Employers must have a clear privacy policy explaining why the data is collected and how it will be handled.

 

Can vaccination status affect recruitment decisions?

Employers can state that vaccination is preferred for certain roles, particularly if it aligns with health and safety obligations. However, rejecting candidates solely on this basis could lead to discrimination risks, especially if the applicant has a medical condition, religious belief, or philosophical reason for refusing vaccination. Any vaccination requirement must be justified and proportionate to the role.

 

Do employees have a right to paid time off for vaccination?

Employers are not legally required to offer paid time off for vaccination appointments, but many choose to do so as part of their staff wellbeing policies. Providing paid time off can encourage uptake and reduce workplace absences due to illness.

 

How should an employer handle vaccine-related disputes or concerns?

Employers should adopt a supportive and transparent approach by providing reliable information from official sources, addressing employee concerns, and ensuring that vaccination policies are fair and non-discriminatory. Engaging with trade unions or staff representatives can help prevent disputes. If conflicts arise, mediation or legal advice may be required.

 

Glossary

 

Term	Definition
Vaccination Policy	A workplace document outlining an employer’s approach to staff vaccination, including encouragement, support, and data protection measures.
Health and Safety at Work etc. Act 1974	A UK law requiring employers to take reasonable steps to ensure the health, safety, and welfare of employees and others affected by their business activities.
Equality Act 2010	Legislation that protects individuals from discrimination, including in relation to vaccination policies that may impact those with protected characteristics.
UK GDPR	Data protection regulations governing how employers handle employees’ personal health data, including vaccination status.
Special Category Data	A classification under UK GDPR for sensitive personal information, such as vaccination records, requiring higher levels of protection.
Precedent Case Law	Legal decisions from employment tribunals and courts that guide how employers should approach vaccination policies and disputes.
Reasonable Adjustments	Changes made by an employer to accommodate employees with disabilities or medical conditions that prevent them from receiving vaccinations.
No Jab, No Job Policy	A policy where an employer requires staff to be vaccinated as a condition of employment, which must comply with employment law and human rights protections.
Fair Dismissal	A termination of employment that follows a legally compliant process, considering reasonable grounds, employee rights, and alternatives.
Workplace Consultation	A discussion process between employers and employees (or their representatives) before implementing policies that affect working conditions.
Case Law	Decisions from employment tribunals or courts that provide legal precedent on how workplace vaccination policies should be applied.
Legitimate Interest	A lawful reason under UK GDPR for processing employee data, such as collecting vaccination status for workplace safety.