FIS has been asked a number of times about whether it is acceptable to either mandate employees to have the vaccination or to ask whether workers, in the face of potential issues with self-isolation, have been vaccinated in order to support their ongoing risk management.  This question has taken on particular significance now that across the UK your vaccination status impacts self-isolation rules.

The simple answer is that it is not recommended that an employer attempts to mandate vaccination. Vaccination policies pose risks that either the policy itself is unreasonable or the enforcement of it in relation to a particular employee is unreasonable. If employees have over two years service, imposing this requirement could lead to potential claims for constructive or ordinary unfair dismissal. There is also a risk of potential discrimination claims such as from pregnant and younger employees, objections on the grounds of religion or belief, or serious underlying medical conditions.

Some countries have taken a far harder line e.g. Germany are making vaccination mandatory, Denmark and Italy have gone down the requirement for corona work passes and Austria have onerous lockdown requirements specific to the unvaccinated.  Given the UK government has not advised that vaccination is a necessary requirement to establishing a COVID safe work environment, a compulsory policy would have to be based on a robust risk assessment which has identified that vaccination is a necessary control which cannot be achieved through alternative measures.

Another question asked is whether you can request new applicants for roles are vaccinated.  Again this is an area to tread with caution as it could open an employer up to a claim of discrimination on a number of fronts such as disability, pregnancy, religion or belief and age.  Any policy along these lines would need to be justifiable and carefully caveated.

You can ask your workforce about vaccination status, but this is also heavily caveated.  As with holding any personal information you need to be clear why you are asking and looking to hold the information, what you intend to do with the information and be clear in terms of policy on what would happen if someone did not wish to share that information.

More detailed Guidance on Vaccination employers has been prepared for FIS Members by Citation here

A quick round-up of what the new COVID Guidelines mean to you

• From Friday, the legal requirement to wear a face covering will be extended to most public indoor venues, although it will not include hospitality settings
• From Monday, the guidance to work from home where it is possible to do so will be reintroduced
• Daily tests will be introduced for close contacts, rather than a requirement to self‐isolate, to minimise disruption.

There will be an additional paid bank holiday on 3 June to commemorate the Queen’s Platinum Jubilee. You can download the guidance here.

The Government has introduced a number of temporary COVID‐19 measures from 30 November in response to the emergence of the Omicron variant in the UK:

• Close contacts of suspected Omicron cases will be contacted by NHS Test and Trace and legally required to self‐isolate for 10 days, regardless of their vaccination status or age
• Face coverings must be worn on public transport and in shops
• Everyone entering the UK from abroad must take a PCR test within 48 hours and self‐isolate until they receive a negative result.

FIS Chief Executive Iain McIlwee said:

New restrictions do not have significant impact on what we legally have to do in the workplace, but are a reminder to be careful and to consider reinforcing the use of facemasks and ensuring that regular testing is taking place.  Beyond the safety of people, which must always be at the forefront of a business leaders mind, this is about  protecting our businesses in a time of severe skilled worker shortages.

The changes were discussed at the latest industry call with Construction Minister Lee Rowley this week, and construction sites are urged to continue to minimise the risk of spreading the virus. The Site Operating Procedures remain available as a reference document and the Build UK COVID‐19 flowchart has been updated in line with the new rules. The CLC is currently reviewing its guidance on the Use of Face Coverings in Construction following publication of the detailed Government guidance yesterday.

The Government has confirmed that the measures will be reviewed in three weeks’ time and we will keep the guidance updated.

CICV Forum has revised its free good practice guide for construction professionals, containing advice on self-isolation.

It doesn’t hurt to revisit signage to remind people on site FIS, with the help of CICV has produced a Mask for Task, Cover for Covid poster.

Vaccination guidance

The Government has announced that everyone who is currently eligible for the COVID‐19 booster vaccine can now book from three months after their second dose and all adults aged 18 and over will be offered a booster by the end of January. Whilst the majority of the UK population is vaccinated, there are a number of issues that employers need to be aware of and FIS Associate Member Citation has updated its practical guidance on developing and implementing a vaccination policy for staff, which covers whether a policy is required, recording vaccination status, and making it mandatory for staff to be vaccinated.