Coronavirus (COVID-19)—testing and vaccination issues for employers
Coronavirus (COVID-19)—testing and vaccination issues for employers

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Coronavirus (COVID-19)—testing and vaccination issues for employers
  • The issues in context
  • Health and safety considerations
  • Data protection considerations
  • Lawful and specific conditions for processing
  • Legitimate interests
  • Obligations and rights under employment law
  • Public health
  • Is the processing ‘necessary’?
  • Contractual and disciplinary considerations
  • More...

UPDATE (26/4/21): The PHE COVID-19 vaccination guide for all women of childbearing age, pregnant or breastfeeding was updated on 23 April 2021 to take account of new advice from the Joint Committee on Vaccination and Immunisation (JCVI), issued 16 April 2021, that pregnant women should be offered COVID-19 vaccines at the same time as people of the same age or risk group. The RCOG guidance on coronavirus infection and pregnancy has also been updated. See: LNB News 19/04/2021 9 and LNB News 26/04/2021 89. This Practice Note has been updated to reflect these changes.

This Practice Note considers the issues that arise in the employment context in relation to Coronavirus (COVID-19) testing and vaccination.

It covers:

  1. the reasons why an employer might be keen to ensure that staff are tested and vaccinated (see: The issues in context below)

  2. health and safety considerations

  3. data protection considerations

  4. contractual and disciplinary considerations

  5. the different types of test

  6. the scope of testing carried out by NHS Test and Trace, including tests for essential workers (see: NHS Test and Trace below)

  7. rapid workplace testing

  8. the employer testing duty

  9. issues relating to obtaining information on symptoms and test results

  10. issues relating to requiring or requesting a coronavirus test

  11. issues relating to temperature checks by the employer

  12. the vaccination programme

  13. the effect of vaccination

  14. reasons why an employee

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