Nick Hurley interviewed by GB News on the legal ramifications of employers insisting employees have the COVID-19 vaccine
Employment Partner, Nick Hurley is interviewed by GB News’ McCoy & Phillips on the legal ramifications of employers insisting employees have the COVID-19 vaccine.
To view Nick’s interview download the GB News App for free, and watch McCoy & Phillips, on Monday 26 July - press play at 1:13:31-1:18:38.
Commenting on the potential dangers of employers setting a precedent, Nick says:
"It's a real issue, and many people will feel quite uncomfortable with the idea that personal data that relates to health, which is of course, a special category, the most sensitive data, is being processed by their employer. But it will need to be done very carefully.
"So employers should, in my view, carry out a data protection assessment, first of all. So they look at why they're collecting the data. What are they using it for? I don't think it would be particularly difficult to show that the health and safety of the employees is a good reason to process the data."
Nick continues: “They should also be thinking about ensuring they have a very clear policy, so that they're minimising any risk of anyone misunderstanding the reasons why they're collecting the data and, of course, how they're using it. I think that would be one of the main protests from employees, who want to make sure that the information is secure and that their employer is only using it for the purposes of looking after their colleagues."
When asked if vaccination passports could potentially be open to a legal challenge, Nick replied:
"It might well be. Within the employment world, there was quite a lot of speculation as to whether or not, for example, a belief in not being vaccinated, the anti-vax belief, could amount to a philosophical belief. As you probably know, philosophical beliefs almost equate with religious beliefs, so they're capable of being protected in employment law.
"So if somebody says, look, I have a belief I do not want to be vaccinated because, for example, the vaccines have been used on animals. This is against my creed. Then there is a risk that if you impose different treatment on people because of that, someone will claim discrimination.
"Whether it will go wider than that, whether you're looking at some sort of judicial review of a decision, I think it is more difficult to say. But it may well be that a union or some other employer body might look at that and might decide that they want to review that decision. But I'd be looking at this from more of a personal level, vis a vis the employee's rights.”
Read Nick’s article on if an employer can make Covid-19 vaccinations compulsory for employees.
Our thinking
Clare Davis
Clare Davis writes for Personnel Today on hot weather and employment law
Hot summers, hot desks – employment law advice on working through heatwaves
Carolyn Davies
New industry group aims to build sustainability skills in the construction sector
Michael Powner
Barrister with gender critical beliefs discriminated against by chambers
An employment tribunal has found that the barrister, Allison Bailey was discriminated against because of her gender critical beliefs.
Briony Richards
Calculating holiday for Part-Year Workers - why the method matters
We summarise the methods of calculating holiday pay and a court decision.
Nick Hurley
The Guardian quotes Nick Hurley on the recent Supreme Court holiday pay ruling
"It is one of the few examples of a situation where a part time worker is treated more favourably than a full time worker..."
Michael Powner
Gender critical belief – finding of discrimination
We look at the contrasting outcomes of cases dealing with discrimination claims.
Anne-Marie Balfour
Protect your connections
In an employment context, employers in the life sciences sector can protect their businesses in a number of ways.
Rose Carey
Could the UK’s Life Sciences Vision be restricted by its Immigration Policy?
We explore some of the visa options that may be open to businesses in the sector and their relative pros and cons.
Sophie Clark
Are workers entitled to the Bank Holiday off for the Queen’s Jubilee? Don’t bank on it!
Nick Hawkins
Nick Hawkins writes for Employment Law Journal on demystifying employment contracts
Key considerations for drafting effective post- termination restrictions
Lesley O’Leary
Briefing publishes Lesley O’Leary 's comments on hybrid working and the impact on collaboration
Briefing publishes Lesley O’Leary 's comments on hybrid working and the impact on collaboration
Emily Chalkley
How to tackle a large Gender Pay Gap
Nick Hawkins
Nick Hawkins writes for Employment Law Journal on demystifying employment contracts
Nick Hawkins explains the key legal principles that govern contracts of employment.
Michael Powner
Michael Powner and Emily Chalkley write for People Management on who pays the price for vicarious liability
Michael Powner and Emily Chalkley explain whether an employer should ever be liable for wrongdoing committed by their employees.
Katherine Dennis
New Global Mobility visa route – coming Spring 2022
A new Global Business Mobility visa route is launching in the Spring of 2022.
Clare Davis
National Minimum Wage – At risk of committing a criminal offence?
To best prepare, you need to understand the nature of the risks involved and take steps to minimise them.
Becky Lawton
The talent gap, recruitment and retention issues
Employers continue to struggle attracting and retaining talent in a market rife with labour shortages and widely-reported pay pressures.
Paul McCarthy
New Employer and Landlord Digital ID Checks – A Good IDea?
Becky Lawton
Becky Lawton writes for Employee Benefits on whether new staff family rights come into force in 2022
The government has committed to introducing several new family rights following a number of consultations over the last couple of years.
Nick Hurley
Nick Hurley appears on the Oven-Ready HR Podcast to discuss the latest developments in the world of employment law
Nick discusses the 2022 employment law landscape on the Oven-Ready HR podcast.