Can employers request that their employees disclose they have had the vaccine?
We get asked this question by our clients often and it is something of great concern, as the launch of the vaccine for COVID-19 continues its roll-out.
Data protection regulations require employers to inform their workforce as to what data will be held on them during and after their employment. However, to date, employers have not been collecting medical data on employees relating to vaccinations as standard. It has not been seen as a benefit to the employer or the employee. If someone had a vaccination for meningitis or influenza when they were younger, what benefit would this information be to the employer during the course of employment?
Employers are only required to keep information that will support the employment contract for that employee. We are explaining to clients that although we understand the concern as to whether one of their employees is ‘safe’ to work with others (i.e. they have had the vaccination for COVID-19); we don’t know as yet whether the vaccine will completely prevent someone from catching the virus. We understand that it will help the individual that has had the vaccine to develop antibodies but we are yet to know if it’s a full poof preventative measure. And, until the vaccine has been rolled out effectively and enough data is reported on its effectiveness, we should not change our procedures and policies within the workplace. Employers should continue to exercise caution and ensure that social distancing and keeping safe guidelines are adhered to in the workplace.
It is also unlawful to make vaccinations mandatory for the staff or favour those already vaccinated when recruiting.
Testing is currently not mandatory and you cannot make it mandatory either.
You can, however, encourage them to have the vaccine and you can also encourage them to go for regular tests. Perhaps you may want to set up testing somewhere local or in your own workplace for ease. We would always recommend you do this in writing so there is an audit trail in the event of any claim at an employment tribunal.
One question you need to be asking yourself is if your current GDPR policy gives cover for testing and vaccination?
You may also want to consider carrying out another Data Protection Impact Assessment. Or if you have not done one to date, it is highly recommended you do one.
In order to avoid a claim at an Employment Tribunal, it is recommended that you consult a qualified HR Expert before commencing any conversations relating to vaccines and testing. We are the experts and let us take the worry away from you about what you can and can’t say to your employees.
Please call our advice line and speak to one of our HR experts: 08004947749 or email your query to: hello@specialisedhr.co.uk.
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