Can Specific Industry Sectors Implement No Jab, No Job Policy?

Travel giants Tui, Carnival and Virgin have imposed ‘no jab, no job’ policies following Covid-19 outbreaks on their cruise ships.

Head of Employment Law at Wilson Browne Solicitors Jennie Jahina comments,

“This announcement follows on the heels of the government imposing a mandatory requirement  for those working in the adult care homes and as frontline health and social care workers (save for a few exceptions) to have been/be jabbed by 11 November 2021 and 1 April 2022 respectively. And I suspect other industry sectors may consider adopting a similar mantra in the near future. But can they?

Certainly, no employer has the ability to force someone to have a jab. However, employers can include clauses within contracts which state that it is a requirement that the role holder is fully vaccinated against Covid – and it is this requirement that brings about the “no jab, no job” position which TUI, Carnival and Virgin are now reportedly implementing. This requirement is not one which should be implemented lightly by any employer for a host of reasons not least the fact it could give rise to a claim of discrimination. As a minimum, anyone considering this as an option for their workforce will need to demonstrate a clear and justifiable reason in law for why they are insisting their staff are vaccinated. And, as with any other change to current working requirements, the organisation should first conduct a genuine consultation exercise – in some instances, this may also include complying with collective consultation obligations.

Given the current lack of case law on this area of employment law, all employers considering introducing a no jab, no job policy should approach this extremely carefully and, ideally, after taking legal advice.”

If you would like advice please call 0800 088 6004 to speak to a member of our Employment team and follow our social media pages for more “no jab, no job” news coming soon.