Martin Cheyne | Nursing Home News

No jab, no job rules continue until formally repealed, lawyers say

Health and social care sectors are advised to continue to recruit new staff on a ‘no jab, no job’ basis. Mandatory COVID vaccination is currently and may continue to be required, Hempsons employment lawyers have said.

The legal firm also advises that for those staff who are subject to consultation about their vaccination status (potentially unvaccinated), meetings should be paused pending repeal of the Vaccination as a Condition of Deployment (VCoD) legislation. Hempsons partner Martin Cheyne (pictured) says this could be until at least mid-February 2022.

 On February 1 Sajid Javid announced a reversal of government policy to implement mandatory vaccinations throughout much of the health and social care sectors. However, until legislation has been formally repealed, the 2021 (Care Home) Regulations are and remain in place and the 2022 (new and wider VCoD) Regulations come into place on 1 April. “They cannot simply be revoked by the announcement,” Cheyne has clarified.

Parliament is required to give consent to changes to criminal legislation and when proposed changes are significant, consultation is required.   

NHS England/Improvement have requested that employers do not serve notice of termination to employees affected by the VCOD regulations.

There is not yet any central guidance to the social care sector.

Facebooktwitterredditpinterestlinkedinmail

Leave a Reply

Your email address will not be published. Required fields are marked *

Subscribe to our newsletter
By continuing to browse or by clicking "Accept All Cookies" you agree to the storing of first and third-party cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookie Policy
Cookie Settings
Decline All
Accept All Cookies
By continuing to browse or by clicking "Accept All Cookies" you agree to the storing of first and third-party cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookie Policy
Cookie Settings
Decline All
Accept All Cookies
Cookie Settings
STAY UPDATED!
Thank you for visiting CHMonline.co.uk, the website for the leading magazine for care home managers, operators and directors. If you would like to receive the digital edition and/or the editor's regular newsletters via email please subscribe here.
Are you a care home staff member or operator?
Terms: Care Home Management (S&A Publishing) may use the information you provide on this form to get in touch with you with relevant industry news and promotions. You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us. We will treat your information with respect. For more information please view our privacy policy.
By submitting this form you agree to the terms.
SUBSCRIBE