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coronavirus injection | Care Home Agency Advice

Is it a ‘reasonable instruction’ to ask staff to take the COVID vaccine?

In contract and employment law, if you can establish that asking staff to take the vaccine is a reasonable management instruction and they refuse, you may be able to justify taking disciplinary action against them for disobedience. But, what are the considerations? In this legal FAQ, Joanne Moseley, Practice Development Lawyer (Employment) – Senior Associate, Irwin Mitchell LLP discusses the following questions relating to care staff COVID-19 vaccination:
  • If we make a reasonable request for staff to be vaccinated, what can we do if they refuse?
  • Can we dismiss anyone who unreasonably refuses to be vaccinated?
  • Can we insist that our staff tell us if they’ve been vaccinated? 
  • What has the government said about vaccination?
  • Do the rules about health and safety at work provide any guidance about COVID vaccinations?
View the answers in our online features library.


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