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What we'll cover
What is an Employee Vaccination Policy?
An Employee Vaccination Policy sets out an employer's approach to staff vaccination. Employee Vaccination Policies supplement employers’ existing Health and safety and Sickness policies and encourage staff members to be vaccinated against various serious diseases where appropriate.
This document is GDPR compliant.
When should I use an Employee Vaccination Policy?
Use this Employee Vaccination Policy if you:
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are a business engaging staff
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your business takes place in a low-risk environment (eg an office or a retail store)
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want to encourage staff to get vaccinated, where appropriate, and
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your staff are based in England, Wales or Scotland
Sample Employee Vaccination Policy
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EMPLOYEE VACCINATION POLICY
Statement and Purpose of Policy
- This Employee Vaccination Policy sets out 's (the Employer, we, or our) approach to staff vaccination.
- It supplements but does not replace our policies on health and safety and sickness.
- This Policy applies to all employees, irrespective of seniority, tenure, and working hours, including all directors and officers, casual or agency staff, trainees, interns, fixed-term staff and volunteers, workers, and contractors (our Staff Members or you).
- The purpose of this Policy is to provide information about vaccination and to encourage Staff Members to get vaccinated against various illnesses. It does not form part of any contract of employment.
- The information set out in this Policy is based on guidance provided by the NHS and other UK Government websites. We recommend that Staff Members familiarise themselves with the guidance relevant to any vaccinations they are to receive and check regularly for updates.
The Importance of Vaccination
- Scientific research has shown that vaccines are one of the most effective ways of preventing infectious diseases.
- According to the UK Government:
- Vaccinations protect you from many serious and potentially deadly diseases.
- Vaccinations protect individuals within a community by helping stop the spread of diseases to people who cannot have vaccines.
- Vaccines are rigorously tested for safety before being introduced and are constantly monitored for serious side effects after they are introduced.
- Vaccination can reduce or even get rid of some diseases within communities if enough people within a community are vaccinated.
- We recognise that there are some groups of people who cannot receive certain vaccines because of allergic reactions to previous doses or to ingredients in that vaccine.
- If you have any questions or concerns about receiving a vaccine, you should speak to a healthcare professional (e.g. a GP). If you have any non-medical questions or concerns, please raise them with your line manager or an HR representative.
Recommended Vaccinations
- We encourage and will support Staff Members to receive the vaccinations set out in this section of the Employee Vaccination Policy (i.e. the Recommended Vaccinations).
- We encourage Staff Members to check that they have received the following childhood vaccinations, which are currently free on the NHS:
- Diphtheria.
- Polio.
- Tetanus.
- Measles, mumps, and rubella.
- We also encourage Staff Members to check whether they have received the following childhood vaccinations, which sometimes need to be paid for:
Hepatitis B.
Whooping cough (pertussis).
Meningitis and septicaemia.
- We recognise that the best way to protect yourself and others is to make sure that you are up to date with your vaccinations.
What Vaccination Means for You
- While we encourage Staff Members to get vaccinated against various illnesses (particularly those specified above) if they are able to do so, we recognise that some Staff Members may have concerns about certain vaccinations for a number of reasons, for example:
- If they have a health condition or are worried about an allergic reaction (or other side effects).
- If they are currently receiving medical treatment.
- If they are pregnant, thinking about getting pregnant, or breastfeeding.
- If they do not believe the vaccine to be safe, effective, or necessary.
- For religious, ethical, or other personal reasons.
- Risks associated with receiving vaccinations will be covered as part of our workplace risk assessments.
- We do not currently require Staff Members to receive or to have received any particular vaccinations. However, it is our policy to encourage and support Staff Members to receive the Recommended Vaccinations set out above. We implement this by, for example:
- Providing accurate information on vaccinations, based on the available NHS guidance (https://www.nhs.uk/conditions/vaccinations/).
- Signposting to any other relevant and reliable guidance.
- Seeking to alleviate any concerns about the possible negative effects of any vaccinations, by relying on reliable sources and/or signposting to reliable advisors (e.g. GPs).
- Providing information on taking time off, which Staff Members may use to be vaccinated, and information on what to do if you experience side effects after being vaccinated.
- We will not tolerate any bullying, harassment, or victimisation of Staff Members in relation to their vaccination choices.
Time Off for Vaccination
- If you choose to receive any of our Recommended Vaccinations, you may take reasonable time off work to attend your vaccination appointment(s). This allowance may be extended to cover other vaccinations on a case-by-case basis. Contact your line manager or an HR representative to discuss time off to receive any other vaccinations.
- As soon as possible, you should inform us of the time and date of any vaccination appointments.
Time Off for Vaccine Side Effects
- While we encourage Staff Members to get vaccinations in line with NHS guidance, we recognise that vaccinations may sometimes cause mild side effects which might interfere with your ability to work as usual.
- If you are unwell and prevented from working due to any side effects of vaccinations:
- Report your sickness using our standard sickness reporting procedure.
- You will be entitled to sick pay in accordance with the law.
Processing your Personal Data
- Information relating to the vaccinations someone has received constitutes health data, which is special category ('sensitive') personal data. We will only process this data for the recording of:
- Time taken off (if any) to get vaccinated, and
- Time taken off (if any) due to side effects of vaccination and to process your pay for time off (if any).
- This data will only be processed if necessary and only in reliance on a specified lawful basis for processing personal data, as set out in the UK General Data Protection Regulation (UK GDPR).
- Any health data processed will be kept secure.
- This information will not be held for longer than necessary and the necessity of storing this information will be reviewed regularly.
- Our use of this information will not result in any unfair treatment of employees.
Changes to the Employee Vaccination Policy
- We will regularly evaluate the appropriateness of vaccinations that we recommend and will consider our Recommended Vaccinations in relation to workplace risk assessments carried out.
- We reserve the right to modify this Policy at any time at our sole discretion and to adapt to changing circumstances, Government guidance, and/or business needs, in a manner that is consistent with our commitment to maintaining a safe and healthy workplace. This may, for example, include the introduction of mandatory vaccinations for certain roles where such is allowed within the law or restricting certain roles to Staff Members who have been vaccinated.
- We will continue to consult Staff Members on any changes we make to this Policy that might affect their health and safety.
Attribution
- This Employee Vaccination Policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
About Employee Vaccination Policies
Learn more about making your Employee Vaccination Policy
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How to make an Employee Vaccination Policy
Making an Employee Vaccination Policy online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Employee Vaccination Policy you will need the following information:
Employer details
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What is the employer’s name?
Vaccination
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Does staff members’ work involve foreign travel, working with pregnant people, or working with children?
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Will the employer cover the costs of any of the vaccinations they recommend for their staff?
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Will time taken off for vaccination appointments be paid or unpaid?
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If paid, is there a maximum amount of paid hours that staff can take off work to get their vaccination?
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Will time taken off due to vaccine side effects count towards staff absence records?
Data protection
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Where can a copy of the employer's Data protection and data security policy be found?
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Does the employer have an Employee privacy notice? If so, where can it be found?
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Common terms in an Employee Vaccination Policy
An Employee Vaccination Policy sets out a business’ approach towards vaccinations in the workplace. To achieve this, this Employee Vaccination Policy covers:
Statement and purpose of Policy
This section explains why the Employee Vaccination Policy is important, what it covers, and who it applies to. It also highlights that the Employee Vaccination Policy is a statement of policy only and it can, therefore, be amended by the employer as and when this is deemed necessary.
The importance of vaccination
This section highlights the importance of vaccinations and explains where information about vaccination safety and side effects can be found. It encourages staff to speak to healthcare professionals (for any vaccine-related questions) and/or their line managers or the HR department (for any non-medical questions or concerns).
This section sets out that Coronavirus (COVID-19) vaccinations are currently available for free to eligible groups through the NHS. It explains where information about vaccination safety and side effects can be found and encourages staff to speak to healthcare professionals (for any vaccine-related questions) and/or their line managers or the HR department (for any non-medical questions or concerns).
Recommended vaccinations
This section sets out which vaccinations are currently available for free to eligible groups through the NHS. It also identifies any other vaccinations that the employer encourages their staff members to receive due to their work with particular groups of people (eg children) or due to the staff members’ being required to travel abroad for work.
What vaccination means for you
This section encourages staff to receive the various vaccinations identified above and sets out reasons for this.
It also clarifies that staff members are not required to be vaccinated and clearly states that the employer will not tolerate any bullying, harassment or victimisation of staff members in relation to their vaccination choices.
Vaccination costs
This section is included if the employer will cover the costs of staff members receiving any of the vaccinations it recommends. It will set out which vaccinations will have their costs covered.
Time off for vaccination
This section clarifies that staff members are allowed reasonable time off work to attend vaccination appointments for recommended vaccinations and may specify limits on this time off. This section also sets out whether or not this time off is paid.
Time off for vaccine side effects
This section sets out how staff members should report any absences from work due to vaccine side effects (eg in accordance with the employer’s Sickness policy).
Processing your personal data
This section explains that the employer may have to process staff members’ personal data under this Policy and why. It clarifies that this will be done in accordance with the employer’s Data protection and data security policy.
Changes to the Employee Vaccination Policy
This section clarifies that due to its nature, the Employee Vaccination Policy can be changed at any time by the employer.
If you want your Employee Vaccination Policy to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Employee Vaccination Policy for you to ensure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making an Employee Vaccination Policy
Avoid discrimination in relation to staff members’ vaccination statuses
You must take care not to discriminate against anyone because of their vaccination choices. Receiving a vaccine requires someone’s informed and voluntary consent and this can, therefore, not be forced. You should listen to the concerns of any staff members who do not get vaccinated and should bear in mind that some individuals may not be able to get vaccinated (eg because of a compromised immune system) or may have concerns about getting certain vaccines (eg concerns about allergic reactions).
You can Ask a lawyer if you have any questions or concerns.
Understand when you need to carry out a DPIA
You will need to carry out and complete a Data protection impact assessment (DPIA) if your use of your staff members’ personal data (eg their vaccination statuses) is likely to result in a high risk to staff members. For example, if they’re likely to be denied a work opportunity if they’ve not been vaccinated. Where this is the case, you will need to carry out your DPIA before processing any personal data.
For more information, see the FAQ ‘Do I need to complete a data protection impact assessment?’ If you have any questions or concerns, do not hesitate to Ask a lawyer.
Consider what other policies you should adopt
Adopting and implementing a clear Employee Vaccination Policy is a good way to ensure the health and safety of your workforce. This Employee Vaccination Policy is designed to support your existing workplace policies. These should usually include:
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a Sickness policy - detailing how you manage sickness absences (including sick pay)
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a Health and safety policy - setting out how you comply with your health and safety obligations as an employer
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a Data protection and data security policy - outlining your policies and procedures for processing staff members’ personal information and personal data
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an Employee privacy notice - detailing how you collect, use, retain and disclose staff personal data in an easy-to-understand manner
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An Equal opportunities policy - setting out how you ensure equal opportunities and prevent workplace discrimination
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An Anti-Bullying and Harassment Policy - setting out your position on workplace bullying and harassment
If you do not already have these employment policies in place, you should consider making them. For more information on the different types of employment policies you may wish to adopt, read HR policies and procedures.
Understand when to seek advice from a lawyer
Ask a lawyer for advice if:
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the Employee Vaccination Policy doesn't meet your needs or doesn’t cover what you want
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employees don't agree with the Employee Vaccination Policy
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you want your Employee Vaccination Policy to cover different vaccinations
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your business operates in a sector with specific vaccination requirements
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Employee Vaccination Policy FAQs
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What is included in an Employee Vaccination Policy?
This Employee Vaccination Policy template covers:
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the importance of vaccination
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the employer’s position regarding various vaccinations
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which vaccinations the employer will cover the costs of (if any)
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time off for vaccinations
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time off due to vaccination side effects
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the processing of staff personal data
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Why do I need an Employee Vaccination Policy?
Employers have a duty to ensure the health and safety of staff. In some workplaces, encouraging his includes staff members to protect themselves and others by receiving vaccinations may be an appropriate way of mitigating the health and safety risks posed by certain illnesses. Having a written Employee Vaccination Policy in place lets employers demonstrate how they use this health and safety strategy in a way that does not interfere with the rights and freedoms of their staff members.
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Can I require staff to be vaccinated?
While employers can encourage staff to be vaccinated where possible, employers cannot require staff (or potential staff) to be vaccinated. Even if an employer prefers staff to be vaccinated, care must be taken not to discriminate when discussing or dealing with staff vaccination (eg some individuals may be advised not to have the vaccine due to health reasons), and they should not be exposed to unjustified detriment due to this).
If a staff member chooses not to receive a certain vaccination, their employer should listen to their concerns, bearing in mind that some individuals may not be able to get certain vaccinations (eg because of health reasons, such as a compromised immune system) or they may have health concerns (eg regarding a potential allergic reaction to the vaccine).
Employers should remain sensitive to personal situations and should keep concerns (especially those relating to health) confidential.
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Can I ask staff about their vaccination status?
Employers can ask staff if they have or have not received certain vaccinations, provided they have a lawful basis for doing so. An example of a lawful basis that may apply in certain contexts is the data collection being necessary for ensuring the health and safety of others.
An employer’s reason for checking (or recording) vaccination status must be clear and transparent. This means that, if an employer cannot provide a specific use for this information and is recording it ‘just in case’, or if they can achieve their goal without collecting this data, employers are unlikely to be able to justify collecting it.
To decide whether or not you have a justified reason for checking vaccination statuses, consider:
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the sector you operate in
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the kind of work your staff do
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relevant workplace health and safety risks
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sector-specific Government guidance
Essentially, any use of information about staff members’ vaccination statuses or their health in general, must be in accordance with data protection laws. For more information, read Data protection and Processing personal data.
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Can I choose which vaccinations I would like staff to receive?
Since employers can only encourage and not mandate vaccinations for staff, they can choose to recommend any approved vaccinations they like in their Employee Vaccination Policies, as long as their recommendations are not inappropriate for the given workplace.
There are certain vaccinations that the NHS particularly recommends for certain groups of people. For example, pregnant people, children, or those who travel to particular countries. An employer might, therefore, like to specifically recommend these vaccinations to certain employees based on their particular job role or in order to protect particular colleagues.
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Can I process data relating to staff vaccinations?
Information about staff vaccination status constitutes 'special category sensitive personal data' (as it relates to personal health) and employers who decide to keep a record of this data must do so in accordance with data protection laws (eg the UK General Data Protection Regulations (GDPR) and the Data Protection Act 2018). This is particularly important as sensitive personal data is awarded greater protection under data protection law than other forms of personal data (eg names and contact details).
The processing (eg obtaining and recording) of sensitive personal data is not permitted unless the use of the data is fair, relevant and necessary for a specific purpose. For example, it's likely to be justified for employers to ask staff members about any time taken off for vaccination based on the employer’s having a legitimate interest in doing this in order to monitor staff attendance.
When collecting and recording staff vaccination status data, employers should:
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undertake a Data protection impact assessment (DPIA) where necessary
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identify a lawful basis for processing (eg ‘legitimate interest’ for health and safety reasons)
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consider and document why other methods of protection are insufficient and determine why it is necessary to collect data on staff members’ vaccination statuses
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inform staff about what personal data they want to process, what this data will be used for, who the data will be shared with, how long the data will be stored for, and what decisions will be made based on the data held
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Do employers have to pay for recommended staff vaccinations?
Employers do not have to pay for any vaccinations they recommend to their staff. A number of the vaccinations they might encourage are actually free on the NHS. However, for vaccinations not covered by the NHS, an employer might choose to pay for the vaccination of their staff. This could be through direct funding, on-site vaccination days, or by providing vaccination vouchers.
Ask a lawyer if you would like help setting out how you will fund vaccinations for your employees in detail.
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Do I need to complete a data protection impact assessment?
A Data protection impact assessment (DPIA) needs to be completed before data is collected if the use of the data is likely to result in a high risk being posed to staff (eg denial of work opportunities). This is likely to be the case with health data such as vaccination statuses.
A DPIA is a process that helps to identify and minimise data protection risks, by analysing the processing to be carried out.
For more information, read Data protection impact assessments.
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Do I need a data protection and data security policy?
A Data protection and data security policy sets out the policies and procedures a business will comply with when dealing with staff personal information and personal data. Where an employer is processing personal data (eg recording or storing information relating to staff vaccination statuses), a data protection and data security policy:
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ensures that employers have a systematic approach to complying with any laws and regulations
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informs staff about the employer’s duties in relation to staff personal data
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clearly sets out the procedures for collecting, storing and processing staff data
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What if staff members refuse to be vaccinated?
This policy is only designed to encourage staff members to receive certain vaccinations. Employers cannot instruct their employees to be vaccinated as this is a personal choice and there may be many reasons why an employee might choose not to receive a vaccination.
Any disciplinary action against an unvaccinated member of staff carries with it risks of unfair dismissal, discrimination, or other claims being brought against the employer. Employers should be very careful when considering taking steps towards a disciplinary process and dismissal.
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