Article Copyright: The Light Paper Issue 7 Page 5, ACAS
In these times of uncertainty regarding job security it is to be expected that employees who are forced to comply with mask wearing, covid testing and vaccination reluctantly and unwillingly do so in order to keep their jobs. Many are asking relevant questions on social media in respect of the law and their individual rights in this aspect.
Employees – Know Your Rights
According to ACAS (Advisory, Conciliation and Arbitration Service) no employer can force an employee to have a medical test or vaccination. It violates individual human rights and autonomy over your body. However, an employer can implement company policy regarding masks, covid tests and vaccination. If an employee contravenes this and is consequently subjected
to disciplinary proceedings or dismissal the employer runs the risk of being taken to an employment tribunal. To date this has not happened. It is too early in the legal process for any such hearings to have taken place. According to the ACAS advisor I spoke with, it is only a matter of time.
As someone with extensive management experience and knowledge of employment law, though by no means an expert, I recommend that prior to wearing masks, being tested and/or vaccinated, employees seek advice from their union representative. In the instance of having no union membership, the employee should ask in writing in the first instance to see their employer’s risk assessment in respect of their health and safety pertaining to the masks, tests and vaccination. Second, a formal written request should be submitted asking to see the employer’s business insurance to determine if the employer has liability cover in the event of adverse reactions caused by imposing such policies.
In response to my queries, a business insurance expert at a well-known insurance firm confirmed that underwriters will not insure against a known risk. Acknowledging that the Medicines and Healthcare products
Regulatory Agency (MHRA) expect a high volume of reported adverse
reactions to the vaccines, and the masks are known to cause bacterial pneumonia and do not protect against viral transmission, it is reasonable to assume that there is a known risk.
Therefore, an employer’s business insurance will not protect the employer against liability rendering the employer personally accountable. Receiving a request to see your employer’s business insurance cover in itself should have the employer wary of dictating potentially damaging requirements of their workforce.
Nonetheless, in the event of the employer continuing to make such demands it is prudent for each individual employee to issue a formal notice of liability. This must detail the employee’s concerns for their own health and wellbeing regarding their being mandated to do something in order to comply with their employer’s demands. This can be a simple letter that does not need to be peppered with legal jargon. There are letter templates here.
The content though must contain reference to the employer’s personal liability for any adverse reactions sustained by the employee in following company policy. The body of the notice must also include a request for written acknowledgement of the letter from the employer, thereby constituting a formal contract confirming the employer is aware of the potential consequences of their actions. The letter has to be dated and signed
with a wet-ink signature in order for it to stand as a lawful document should any subsequent legal proceedings arise. Like all formal correspondence this should be sent by recorded delivery proving postage and receipt by the recipient.
The chit issued by the post office must be kept by the employee as further proof of posting.We are all aware of legislation pertaining to the work place such as the Health and Safety at Work Act 1974. However, these are unprecedented times. There is great debate as to whether such company policies protect employees or put them at risk. It is up to each individual to fight for their rights ensuring protection from any harm in the workplace.
They say the pen is much mightier than the sword. It is time the workforce took up arms and protected themselves against tyranny.
Case law. Let’s pray this sets a precedent against this vaccination mandating tyranny, but please stand your ground. No one can force you to do anything. Fear is all they got. Pre Action Protocol Letter before claim – 05 Aug 2021