Covid-19: Requirements for Employees to be Vaccinated

Debate between Martyn Day and Esther McVey

Monday 24th January 2022 Westminster Hall

[Martyn Day]

I thank the hon. Member for making that very good point. As I say, it is on a very different scale. It also takes no account of the fact that vaccines do not prevent viral transmission or infection.

The Government’s response puts the position in England out of step with the other UK nations. It is probably the most contentious part of today’s debate, and it is where I find myself very strongly in agreement with the petitioners. By contrast, the Scottish Government have pursued an “educate and encourage” strategy in their vaccine roll-out—a strategy that has resulted in a higher vaccine uptake to date. In Scotland, the covid vaccine is entirely voluntary, and the Scottish Government have no plans to change this position for healthcare staff or anyone else. The Scottish approach advises companies to bring staff along with them and to encourage vaccination rather than require it.

I mentioned earlier the deadline of 3 February for NHS workers in England to have their first vaccination in England in order to become fully vaccinated by 1 April. This is imminent, and I believe there is an impending staffing crisis.

[Esther McVey (Tatton) (Con)]

The biggest issue facing the NHS has to be the backlog of operations and appointments. Does the hon. Gentleman agree that sacking 100,000 NHS workers can only make that worse—certainly not better?

[Martyn Day]

The hon. Member has read my mind. She makes a well-put point, which I was just about to come on to. I have a slightly different figure, but the principle is the same: it cannot help the situation.

In November, a Department of Health and Social Care impact assessment found that as many as 73,000 NHS staff in England could lose their job as a result. I do not think we will split hairs over a few thousand; we will not know the exact number until we find out how many people have had their first dose by 3 February. These Government policy job losses would come on top of the long-standing staff shortages experienced by the health service. Some estimates put the figure at 99,000 current vacancies in NHS England. If we do the maths using the figures I have just quoted, we could be looking at 172,000 vacancies in England come April. That position is not going to help the NHS provide care at this time of great pressure. It presents a very real threat—one which may put patients at risk and place further pressure on a significantly depleted workforce.

There are growing calls for this policy to be, at the very least, delayed. Pat Cullen, general secretary of the Royal College of Nursing, has said:

“We are calling on the Government to recognise this risk and delay a move which by its own calculations looks to backfire… To dismiss valued nursing staff during this crisis would be an act of self-sabotage.”

His reference to self-sabotage is very well put. Frances O’Grady, the TUC general secretary, has said:

“We are in the middle of an NHS staffing crisis, borne not only from covid absences, but also long-term problems that need long-term solutions. Now is not the right time to introduce more bureaucracy.”

The BMJ has highlighted that recruitment agencies are concerned about the effect of the policy on their ability to place staff, as well as the additional bureaucratic burdens of processing documentation, which is likely to take around 45 minutes per locum. I hope that the UK Government will listen to those concerns and the petitioners, look at the example of the devolved nations and think again, before they do serious damage to workforce levels and capacity in the NHS.

On requirements by other employers for staff to be vaccinated, the Government’s response states that

“an employer who proposes to introduce a requirement for staff to be vaccinated will need to consider the existing legal framework, including the law on employment, equalities and data protection. Whether or not it is justifiable to make COVID-19 vaccination a condition of deployment will depend on the particular context and circumstances.”

Some UK businesses have declared that all employees must be vaccinated or face a review of their contracts. The legality of that has been disputed by employment lawyers and trade unions, although, of course, it may be legal if it is written into contracts. For most of the UK, power over employment law is reserved to Westminster; only in Northern Ireland is it devolved. Decisions over companies’ requirements rest with those businesses.

On legal protections for workers, the Government response states:

“In addition to contractual and common law protections, there are relevant statutory frameworks, such as the Equality Act 2010, which provides protection against unlawful discrimination. The Employment Rights Act 1996 provides various general protections, including against unfair dismissal and unlawful deductions from wages. In addition, collecting, storing and using information about workers’ vaccination status will engage the law on data protection. Employers will need to ensure that they have acted in accordance with their legal obligations when making decisions on requiring a COVID-19 vaccination.”

That sounds like a potential minefield of complexity if ever there was one.

Last April, the Equality and Human Rights Commission said:

“Employers are right to want to protect their staff and their customers, particularly in contexts where people are at risk, such as care homes. However, requirements must be proportionate, non-discriminatory and make provision for those who cannot be vaccinated for medical reasons.”

From an employment law and non-discrimination perspective, the safest route is to encourage vaccination, not to mandate it.

As I draw my remarks to a close, I note that there are so many points that could be made in this debate but limited time to make them. I have only scratched the surface while setting the scene, and I look forward to hearing what other right hon. and hon. Members have to say. I reiterate my main point that an “educate and encourage” strategy would be a better approach and that there is still time for the Government to change tack on mandatory covid vaccination for England’s NHS workers.