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Care home vaccination update – new rules to be challenged in the courts

September 15, 2021
Employment Law

Last month, we reported on the ‘no jab, no job’ law due to come into force in care homes. But is it possible that by bringing in these new rules, the government may be acting unlawfully?

What's this all about?

Under new regulations, with effect from 11 November 2021, care home workers will need to be able to provide evidence that they have been fully vaccinated, unless they are prevented from receiving vaccination for good medical reasons.

Requiring people to be vaccinated was always going to prove to be controversial. As a result, perhaps we cannot be surprised that lawyers have wasted no time in threatening to take the government to court over this ‘no jab, no job’ policy. In simple terms, as well as running other more technical legal arguments, lawyers claim that the new rules offend basic human rights and constitute indirect sex and/or race discrimination.

What happens next?

Presently, we cannot be sure how the government will react to this development. However, as things stand, we have to be prepared for the prospect that the new laws will be subject to a formal judicial review through the courts.

Despite this complication, employers in the care sector ought to assume that the laws will still come into force on 11 November 2021 and should continue with all relevant preparations. At the same time, it will be important to keep an eye on this litigation, to see where it goes and what (if any) impact it might have.

Need more help?

If you own or run a care home and require further advice on the issues arising out of this article, please get in touch.

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