0370 270 6000

Potential care home vaccination challenge

6 September 2021

Given that the first and second Covid-19 vaccination are usually given 8 to 12 weeks apart, time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated. The Department of Health and Social Care has estimated around 40,000 care home staff will leave or be dismissed as a result of the vaccination policy. The Government’s decision may, however, be subject to challenge. At least one union has published a letter before claim sent to the Secretary of State for Health and Social Care indicating a potential action for judicial review.

With the care sector experiencing considerable recruitment challenges, the announcement of mandatory vaccinations has already proven to be a significant challenge for a number of care home providers. Any uncertainty as to the enforceability of the Health and Social Care Act 2008 (Regulated Activities) (Coronavirus) Regulations 2021 (the Regulations) will add to these challenges in the run up to 11 November. Should a judicial review application be made, both employers and employees alike will be hoping for an expedited resolution to allow for clarity as early as possible.

Should you wish to discuss the potential impact of the Regulations on your workforce, please contact Helen Badger, a partner in our employment team.

Related opinions

“MARSIPAN” Guidelines replaced with the Medical Emergencies in Eating Disorders Guidance

The Royal College of Psychiatrists has produced updated guidance to help frontline staff and clinicians identify and treat patients with eating disorders before the illness becomes a medical emergency.

View blog

Compulsory vaccinations in care homes

Care homes will need to take steps to assess the impact of these Regulations on their workforce.

View blog

Flexible working, childcare and indirect sex discrimination – important reminder

The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).

View blog

Mencap case: No entitlement to National Minimum Wage for sleep-in shifts

In a pivotal and much anticipated judgment for the social care sector, the Supreme Court has ruled that workers are not entitled to the National Minimum Wage for all time spent on a sleep-in shift.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up