Anna Denton-Jones of Refreshing Law focused on the topic of Covid-19 vaccinations and the impact they will have on the workplace and HR professionals when rolling out new HR policies and procedures. This included issues such as; vaccine hesitancy from employees, data protection, staff contracts, the risks of discrimination, impacts on recruitment, awareness of unfair dismissals, and legislation to stay on top of. An incredibly timely and important webinar, loaded full of information, with our most virtual attendees so far! Have a listen to this month’s HR helping hand.

1. Yolk HR Insights event
Anna Denton-Jones
February 24th 2021

2. navigating employment law
Brexit
• Deadline June 2021 to get settled status (or
pre-settled status sorted) for EU nationals.
• https://newfieldslaw.com/information/eu-
settlement-scheme

3. navigating employment law
Taylor v Jaguar Land Rover Limited
2018
• Non-binary
• Gender neutral
• Gender fluid
• Gender queer
• Just as protected by Equality Act

4. navigating employment law
Defending harassment got harder?
• EAT upheld decision that diversity training 2
years ago was ‘stale’
• Evidence suggested colleagues not equipped
to challenge if observed harassment and
managers not taking issue seriously when
complaint
• Employer could not escape liability using
defence ‘reasonable steps’ to prevent
harassment

5. navigating employment law
Training requirements in Contracts
• Since April 2020 if you require your staff to
undergo training you need to set this out in
the contract and specifically if the employee
has to pay anything towards this
• Repayment of training fees clause

6. navigating employment law
Covid 19
• ‘Long Covid’
• Daouidi v Bootes Plus SL [2017] IRLR 151
• MOD v Hay [2008] IRLR 928
• OU – Professor Greehalgh report December
2020 ‘Persistent symptoms after Covid 19:
qualitative study of 114 “long Covid” patients
and draft quality principles for services’

7. WORKPLACE TESTING AND
VACCINATING FOR COVID 19

8. navigating employment law
• https://www.gov.uk/government/news/more-
employers-sign-up-to-rapid-testing-to-protect-
workforce
• https://www.gov.uk/government/news/gover
nment-boost-to-rapid-workplace-testing

9. navigating employment law
PCR and LFD
• Polymerase Chain Reaction (PCR) tests
• Lateral Flow Device antigen (LFD) tests

10. navigating employment law
Why?
• First step in preparing is answering this
question

11. navigating employment law
Concerns
• Sick pay position if I test positive and have to
self-isolate
• Can I attend test centres during working time?
• False positives – your absence rates will go
up?

12. navigating employment law
Developing a policy
Written and agreed with staff and unions
- Scope
- Who
- Frequency
- How
- How data will be used
- Arrangements for refusals

13. navigating employment law
Voluntary vs Compulsion
• Straw poll

14. navigating employment law
GDPR implications

15. navigating employment law
Refusals
• Disciplinary process – warning
• Dismissal only fair if no alternatives and
process followed

16. navigating employment law
Positive results

17. navigating employment law
Tax relief
• https://www.gov.uk/government/publications
/income-tax-and-national-insurance-
contributions-exemption-for-employer-
reimbursed-coronavirus-antigen-tests
• Until 5th April

18. navigating employment law
What about vaccination?

19. navigating employment law
No statutory compulsion
• The Public Health (Control of Disease)Act
1984
• Constructive and unfair dismissal risk –
limited pathways through?
• Criminal implications of forcing – assault and
battery

20. Human Rights

21. navigating employment law
Covid is a reportable disease
• Reporting of Injuries Diseases and Dangerous
Occurrences Regulations
• Health and Safety at Work Act 1974 – duty on
employers to ensure the health and safety of
their workforce so far as is reasonable
practicable

22. Phased approach
to government
programme

23. Job specific
factorsthe

24. navigating employment law
Questions on recruitment
• Section 60 Equality Act 2010
• Offer conditional on evidence?

25. navigating employment law
Contract of employment
• Some contracts have the requirement to keep
up to date with vaccinations
• Could employers start introducing the
requirement?
• Current contracts would need varying?

26. navigating employment law
Zero-hour staff
• Reduce hours?

27. navigating employment law
Introducing a policy
• Work with TU: duty to consult on health and
safety
• Background: purpose and benefits
• Scope: who applies to, when
• Pay
• Data protection and privacy
• Date for review

28. Indirect
pressure

29. “UK bosses set
up IT systems to
track Covid”
Sunday 24th
January 2021 –
The Observer of
staff

30. Recognise there will be
hesitancy
navigating employment law

31. navigating employment law
There will be those who cannot be
vaccinated

32. Pregnancy
https://www.gov.uk/guidance/vaccination-in-pregnancy-vip
https://www.gov.uk/government/publications/
safety-of-covid-19-vaccines-when-given-in-
pregnancy
https://www.gov.uk/government/publications/covid-19-
vaccination-women-of-childbearing-age-currently-pregnant-
planning-a-pregnancy-or-breastfeeding

33. navigating employment law
Protected Characteristics

34. navigating employment law
Grainger v Nicholson [2010] IRLR 4
• The belief held must be genuinely held.
• It must be a belief, not an opinion or viewpoint based on the
present state of information available.
• It must be a belief as to a weighty and substantial aspect of
human life and behaviour.
• It must attain a certain level of cogency, seriousness, cohesion
and importance.
• It must be worthy of respect in a democratic society, not be
incompatible with human dignity and not conflict with the
fundamental rights of others.

35. navigating employment law
Animal rights beliefs
• Casamitjana v League Against Cruel Sports
2018

36. navigating employment law
Concerns about safety of this
vaccine
• Ie:- not until there has been proper trials
• Tens of thousands need to be studied to truly
know side-effects
• McClintock v Department of Constitutional
Affairs [2008] IRLR 29

37. Fear of needles =
trypanophobia

38. Direct
discriminationo

39. Indirect
discrimination:
proportionate
means of
achieving a
legitimate aim

40. Can we
discipline?
Conduct – refusal
to follow a
reasonable
instruction vs
SOSR dismissals

41. Document
decisions

42. Data Protection

43. Other angles
- Publicity and
reputation
- Contractors and
visitors
- Segregation
- Bullying
- Balancing rights
- Ethics
- Risk of PI Claims
navigating employment law

44. navigating employment law
Potential Conflict
• Vaccinated v unvaccinated

45. What do we
pay?

46. navigating employment law
CIPD paper
• 4th February 2021 ‘Preparing for the Covid 19
vaccination: guide for employers’

47. navigating employment law
Other resources
• https://www.gov.uk/government/publications
/covid-19-vaccination-guide-for-healthcare-
workers
• https://www.gov.uk/government/publications
/covid-19-vaccination-a-guide-for-social-care-
staff
• https://www.gov.uk/government/publications
/covid-19-vaccination-programme-guidance-
for-healthcare-practitioners

48. Contact us:
adenton@refreshinglawltd.co.uk
Phone 02920 599993 or 07977 545480
www.refreshinglawltd.co.uk