Can I ask my employees/workers for proof of their vaccination status?
Due to GDPR rules and the sensitive nature of health data, it is not advisable to ask “in case” but only if and when notified of a contact by the employee/worker (excluding registered Care Homes from 11.11.21, where vaccination will be mandatory).
Do I have a legal duty to check the vaccination status of employees?
Unless it is in the registered care environment, then the answer here is no, as an employer you are not expected to check workers’ vaccination status. However, if an employee informs you that they are under a legal duty to self-isolate, then you must not ask them to come into work.
What if my employees/workers lie about their vaccination status?
This will be both a potential fine for the employee/worker and also a disciplinary matter in the usual way for any kind of deception by an employee.
What if my employees/workers choose to self-isolate?
They will not qualify for SSP or other financial support, and do not have the right to stay off work in this instance. They could request unpaid leave or take holiday. You have the right to insist they come into work or face the consequences. It would be wise to take advice before in fact disciplining, but your policy can clearly state that such employees are expected to attend work in accordance with government guidance.
Now employees/workers do not have to tell us if they are contact traced, can we introduce a policy that they should do so?
Yes, you can. If it is a firm-wide policy and part of your Covid-secure risk assessments, you can ask employees/workers to inform you if they are contacted as a close contact, and discipline them if they fail to do so.
