Employment law specialist: 'Don't force your staff to take Covid vaccine'

Companies in Northern Ireland are being urged to encourage staff to take up a Coronavirus vaccine, rather than making it mandatory.

The UK government says the Covid jab is not compulsory and it is down to personal choice.

But there have been reports of staff feeling under pressure among their peers to take the vaccine, or stigma within the workplace.

Employment law solicitor Seamus McGranaghan from O'Reilly Stewart Solicitors explains the legal standing:

"There's no legal requirement for anyone to take the vaccination...so it is very much a personal choice.

"Where the difficulties might arise would be where there are people that are working in specific industries or the healthcare sector whereby they may feel pressured...because there may be a fear that if they don't the vaccine that they could spread it, (Covid-19) or they are more likely to take it."

At least 14% of the population in Northern Ireland have been vaccinated against Coronavirus so far.

The latest update from the Department of Health showed over 301, 279 jabs have been administered here.

Vaccinators are working their way through priority groups- currently the over 65s and those who are clinically extremely vulnerable at both GP surgeries and seven vaccination sites, as part of a twin-track approach.

All care homes have been vaccinated and it is thought around 70% of health and social care staff have had the jab.

But anyone who is eligible for the vaccine does not have to take it.

Seamus told Downtown Cool FM employees have legal rights to refuse:

"The position's fairly clear, the Public Health Act 1984 expressly provides that individuals should not be compelled to undergo mandatory medical treatment and that includes vaccinations.

"It's not just as simple as someone saying 'they're being difficult because they won't take it,' they're could be good legal protected reasons.

"Someone could also say it is out with their human rights to be forced to take a vaccine."

And he urged employers not to take a strict stance on the issue:

"The employer does need to be careful the legal position is that the employer can't force an employee to take the vaccine.

"Employers can encourage but it would be difficult for an employer to discipline or to dismiss an employee if they refused or failed to take the vaccine.

"That could lead to someone feeling bullied or harassed in their place of work and that's going to be a difficult step for the employer to take and to justify.

"You could imagine that if somebody receives a warning or they're disciplined that they may have a good legal case for unfair dismissal."