The government has passed legislation requiring care homes to ensure its workers are vaccinated against COVID-19. It comes into force on 11 November 2021. This is to allow care homes time to encourage its workers to get vaccinated, warn of the consequences if they do not, and arrange alternative staffing to replace those who refuse.

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 states that a care home provider must ensure that nobody enters care homes, unless they fall into one of the identified exceptions.

The main ones are:

• care home residents
• friends and relatives of care home residents
• emergency help providers (ambulance, emergency plumber)
• children under 18

If someone does not fall into one of the identified categories, the care home must not allow them entry, unless they provide evidence that:

• for clinical reasons they cannot be vaccinated. Religious and philosophical beliefs do not suffice; or
• they have completed a course of an approved COVID-19 vaccine.

A survey undertaken by the Chartered Management Institute showed 1 in 4 managers would only be willing to work with fully vaccinated colleagues. As more workers are being required to return to the workplace, it is easy to predict that being required to work with non-vaccinated individuals will trigger potentially complex employment issues and more and more industries will follow the practice of compelling its workers to be vaccinated against COVID-19.

For more information on this contact Irina Polyakova on 01484 821 300 or at irinapolyakova@eatonsmith.co.uk