We’ve already had two calls this week asking us “Can I make my employees have a COVID vaccine?” The short answer to this is “No”. It’s also unlikely to be fair to discipline or dismiss an employee because they don’t want to be vaccinated. It would be highly unusual for any employer to force an employee to undergo a medical procedure (which is what being vaccinated amounts to). Consider also, that some employees may be unable to have the vaccine. Employers do have a duty of care to protect the health, safety and welfare of their employees and anyone visiting or affected by their business. If your risk assessment establishes that being vaccinated reduces the risk of contracting the virus, it’s reasonable to ask employees to get vaccinated. But, you can’t make employees have a COVID vaccine. Do your employees need to tell you that they’ve had a vaccination? No, they don’t. Health data is sensitive personal information. If you record that employees have been vaccinated, make sure that you collect the minimum information. Maybe restricting this to simply, have they had the vaccine, yes or no. Considering adding COVID vaccination as a contractual clause? Take care. Enforcing this change, […]
We’ve had a spate of enquiries this month about dealing with an employee who keeps taking time off to look after their child. Short term, no notice absenteeism is a really difficult issue for employers to cope with. It affects planned work, it affects other team members and it can affect customers. It can be very frustrating especially if it happens a lot. It’s important to remember that your employee has a contract of employment with you. That contract of employment will usually say how many hours a week that they are contracted to attend work. There’s an obligation on both sides here. You as the employer need to provide the hours of paid work that you’ve contracted with your employee. Your employee needs to attend work for the hours that they’ve signed to do, unless they’ve agreed to take annual leave or in some other way agreed to a change. An employee who frequently fails to be available to carry out their contracted hours can be accused of “frustrating” the contract of employment. Frustration of contract can lead employers to a decision to terminate the employment relationship. This kind of decision needs care. The law Parental Leave Parental leave can be used […]
