COVID19

Compulsory Vaccinations – updated

Headshot of Michelle Biggs

Michelle Biggs, Employment Relations Consultant

Updated 23 July 2021. Originally published – 02 July 2021

UPDATE: on 23 July 2021 we were informed by DHSC (Department of Housing and Social Care) that the vaccination as a condition of deployment regulations have been signed and therefore the 16-week grace period has begun.

This means that the regulations will come into force on Thursday 11 November. For those beginning their vaccination journey, they must have their first dose by Thursday 16 September to allow the eight week gap between doses and ensure they are fully vaccinated by Thursday 11 November.

The DHSC are intending to publish full guidance for care providers in the coming weeks.

Volunteers will also be required to provide proof of vaccination status. Those who are pregnant, breast feeding or those trying to get pregnant are all able to have the vaccine and therefore will need to provide proof of vaccination status.

Those who are unable to have the vaccine for specific medical reasons are exempt from this requirement and can continue to work in the care home. Family and friends visiting a resident, emergency service workers and those responding to emergency situations (e.g. emergency plumber) will also not be required to be fully vaccinated.

Recently the Government announced its plans to introduce legislation that will require anyone working in a CQC registered care home in England for residents requiring nursing or personal care must have 2 doses of a COVID-19 vaccine. This includes full time and part time employees and agency workers who provide care and those who attend the care home to carry out routine maintenance, installation and repair. 

Volunteers will also be required to provide proof of vaccination status. Those who are pregnant, breast feeding or those trying to get pregnant are all able to have the vaccine and therefore will need to provide proof of vaccination status.

Those who are unable to have the vaccine for specific medical reasons are exempt from this requirement and can continue to work in the care home. Family and friends visiting a resident, emergency service workers and those responding to emergency situations (e.g. emergency plumber) will also not be required to be fully vaccinated.

Photo of a person holding a COVID-19 NHS vaccine card

Those in charge of the care homes will need evidence to the CQC that appropriate checks into vaccination status are undertaken. The Government has indicated that the easiest way of proving vaccination status will be by use of the NHS App used to facilitate the Track and Trace programme but are also looking at other options, especially for those who don’t have smart phones. They are also exploring the best way for those with medical conditions preventing them from having the vaccine to be able to demonstrate their vaccination exemption status.

It is anticipated that the draft regulations, available on the gov.uk website [link to: The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (legislation.gov.uk) will be laid before Parliament some time before 22 July 2021 when Parliament rises for the summer. Once passed, there will be a 16 week grace period to allow those who have not yet been vaccinated to arrange and receive both doses of the vaccine. In addition, the Department for Health and Social Care (DHSC) have issued some FAQ’s for stakeholders [link to Stakeholder QA – Vaccination as a condition of deployment in care homes

If you have any questions relating to this legislation please email us at advice@seemp.co.uk

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