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Source: Irish Times
Vaccine rollout will present tricky legal issues for employers
It is highly unlikely employers will be able to insist all of their employees are vaccinated
January 17, 2021 | Michael Doyle
Source: Irish Times
Vaccine rollout will present tricky legal issues for employers
It is highly unlikely employers will be able to insist all of their employees are vaccinated
January 17, 2021 | Michael Doyle
Businesses in Ireland will face issues never seen before as attention is focused on the vaccination programme and its rollout. Photograph: Pablo Blazquez Dominguez/Getty Images
While last year was undoubtedly the year of the pandemic, 2021 is quickly shaping up to be the year of the vaccine. In light of Ireland’s deteriorating public health situation and the widespread prevalence of coronavirus in the community, it is clear that the prompt implementation of Ireland’s vaccination strategy is the only viable way out of this pandemic.
In the one month since Minister for Health Stephen Donnelly announced Ireland’s national coronavirus vaccination strategy, we have seen two vaccines approved for use and the approval of additional ones is anticipated in the coming months. With this in mind, employers need to get to grips with some novel and complex issues that will arise this year as some, but perhaps not all, of their workforce is vaccinated.
Across the globe we are already seeing legal issues arising for employers in relation to vaccination programmes. British media have reported in the past few days that a large London plumbing company is planning to introduce a "no jab, no job" policy that will require the entire workforce to be vaccinated against the virus.
Digital vaccination passport
Globally, leading private and public health and technology organisations are working together to create a digital vaccination passport in the expectation that governments, airlines and other businesses will require proof that people have been vaccinated against the virus.
The Vaccination Credential Initiative aims to establish standards to verify whether a person has had their vaccination and prevent individuals falsely claiming to be protected against the virus.
Here in Ireland, businesses will face issues never seen before as attention is focused on the vaccination programme and its rollout. While widespread vaccination of the workforce might be desirable, it is highly unlikely that employers will be able to insist that all of their employees are vaccinated. Any employer who issues a mandatory instruction to an employee to be vaccinated is in unchartered waters and could be exposed to legal claims and employee relations issues.
Under the Constitution, there is a fundamental personal right to bodily integrity. While fundamental rights are not absolute and may be balanced against the common good, there is currently no indication that the Government plans to legislate for mandatory vaccination.
Please go to Irish Times to read more.
In the one month since Minister for Health Stephen Donnelly announced Ireland’s national coronavirus vaccination strategy, we have seen two vaccines approved for use and the approval of additional ones is anticipated in the coming months. With this in mind, employers need to get to grips with some novel and complex issues that will arise this year as some, but perhaps not all, of their workforce is vaccinated.
Across the globe we are already seeing legal issues arising for employers in relation to vaccination programmes. British media have reported in the past few days that a large London plumbing company is planning to introduce a "no jab, no job" policy that will require the entire workforce to be vaccinated against the virus.
Digital vaccination passport
Globally, leading private and public health and technology organisations are working together to create a digital vaccination passport in the expectation that governments, airlines and other businesses will require proof that people have been vaccinated against the virus.
The Vaccination Credential Initiative aims to establish standards to verify whether a person has had their vaccination and prevent individuals falsely claiming to be protected against the virus.
Here in Ireland, businesses will face issues never seen before as attention is focused on the vaccination programme and its rollout. While widespread vaccination of the workforce might be desirable, it is highly unlikely that employers will be able to insist that all of their employees are vaccinated. Any employer who issues a mandatory instruction to an employee to be vaccinated is in unchartered waters and could be exposed to legal claims and employee relations issues.
Under the Constitution, there is a fundamental personal right to bodily integrity. While fundamental rights are not absolute and may be balanced against the common good, there is currently no indication that the Government plans to legislate for mandatory vaccination.
Please go to Irish Times to read more.
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HONORED TO BE AN ESSENTIAL PUBLIC SERVICE PROVIDER.
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