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UK employers face difficult decisions about workplace vaccine mandates

As England this week gets the green light to return to work, beleaguered employers must now assess and determine their workplace vaccination policy. Ethical, religious and moral debates on the issue of compulsory ‘no jab no jobs’ are continuing to polarise workforces, and employers face difficult decisions about workplace vaccination mandates.

On one hand, bosses worry that a mandate to workers to vaccinate or lose their jobs may result in losing even more talent in a landscape that sees workers increasingly calling the shots. On the other, a progressively risk-averse workforce are demanding all colleagues are jabbed. There is also clear fatigue for bosses who are trying to keep abreast of seemingly unending changes to guidance, resulting in incoherent policies.

Many are pragmatically choosing to wait and see, considering instead the idea of a future and future-proof, mandate that can cover future pandemics too. Here’s a quick look at key developments worldwide in the light of the UK government lifting restrictions.

A global glance: Covid vaccine mandates around the world

In the US, the Supreme Court’s overturning of vaccine and testing requirements for large business has already seen a swift and public volte face from Starbucks, who immediately reversed their workplace vaccine mandate. Citigroup and Goldman Sachs, among others, intend to continue theirs, while other companies such as Facebook and Deliotte are encouraging the unvaccinated to work from home.

Canadian supply chains have been thrown into disarray by confusing government vaccine messages. Once lauded as essential workers, Canadian truckers have been barred from working if unvaccinated, causing far-reaching chaos and disruption.

European governments have not adopted a blanket approach; the Netherlands strongly protect workers rights and employers are not allowed to demand employees are vaccinated, nor are they obliged to disclose their vaccination status. Huge protests have highlighted the strength of public opinion there. France too continues her glorious tradition of disruption and demonstration. In the wake of new public life restrictions, where unvaccinated citizens are effectively barred from bars, restaurants, domestic flights and sports venues, crowds have gathered, telling Macron 'We will piss you off.'

Austria’s novel carrot and stick approach to encouraging their people to get vaccinated include a new lottery and free brother visits, yet many are protesting the February mandatory vaccine deadline. Germany have pushed back the decision to a parliamentary vote in March.

Globally, the idea of religious and moral exemptions are being legally tested and employers should think hard about the legal challenges to which they leave themselves open when looking at their workplace vaccination policy. Unpaid leave, reassignment and working from home are all possible responses to workers who do not want to be vaccinated, yet those measures must be weighted against the wishes of other employees who demand a safe workspace that includes fully vaccinated, and boosted, colleagues. There are blurred lines and potential exploitation of the idea of ‘sincerely held’ objections, and getting it wrong will be costly.

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Article written by Elizabeth Smith, Director of Research - Business Forums International Ltd. (BFI) 24.01.2022

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Hear from: IOSH, University of Warwick, Quadriga Health & Safety, Osborne Clarke, Crossland Employment Solicitors, Kohler Mira Ltd, RPS Group and Wismettac.